Texas Government Unit 4 Exam Ch 10, 11, 12, 13 – Flashcards
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What is primary purpose of a county government in TX?
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Unlike city government, country governments usually do not have power to legislate. Because they lack much of the power of self-government, they often function primarily as an administrative arm of the state government. (pg. 325)
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Define County Attorney?
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A county official who prosecutes lesser criminal cases in the county court. (pg.326)
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Define District Attorney?
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A public official who prosecutes the more serious criminal cases in the district court. (pg.326)
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Define County Clerk?
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A public official who is the main record-keeper of the county. (pg.326)
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Define County Tax Assessor-Collector?
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A public official who maintains the county tax records and collects the taxes owed to the county. (pg.326)
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Define Constable?
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A precinct- level county official involved with serving legal papers and, in some counties, enforcing the law. (pg.329)
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Compare a home-rule city to a general-law city?
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Home-rule charters essentially lay down the rules under which a city will operate. They provide for the form of government that operates in the city and specify the number of members serving on the city's governing body and General-law cities and towns may act or organize themselves only as explicitly permitted by statutory law passed by the state legislature (pg. 334-335)
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What are the functions of a county government?
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The main function of Texas county government are construction and maintenance of county roads and bridges; law enforcement; dispute resolution; records keeping; and administration of social services. (pg.325)
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Explain what home-rule charters are?
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The rules under which a city operates; local governments have considerable independent governing power under these charters. (pg.334) •The form of gov't that operates in the city •Specify the # of members in the governing body •May also grant the governing body the power to annex land adjacent to the city •Set property taxes •Authorized to borrow money (PP 10 s 8)
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Describe the county commissioners' court?
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The main governing body of each county; has the authority to set the county tax rate and budget. (pg.327)
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Discuss the Supreme Court case of Avery v. Midland County (1968)?
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Held that the principle of "one person vote" applies to commissioners' courts just as it applies to legislative districts. The results was that commissioners' precincts must now be drawn to reflect equal population grouping within counties. (pg. 328)
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Compare at-large election versus a single-member district?
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An At-Large election an election in which officials are selected by voters of the entire geographical area, rather than from smaller districts within that area and a Single-member district electorate that elects only one representative for each district. (pg.335)
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Define a special district and who creates them?
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A unit of local government that performs a single service, such as education or sanitation, within a limited geographic area. Voters create special districts. (pg.344)
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Discuss what the school board has authority to do?
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•Set overall policy for the school district. •Adopt the budget for the district. •Set the tax rate for the dis-trict.(The maximum tax rate for a district is $1.04 for each $100 the property is worth. A rate higher than $1.04 requires voter approval.) •Select textbooks for class-room use. hire principals, faculty, and support staff. •Set the school calendar. •Determine salaries and benefits for employees. (pg. 346-347)
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What is a non-school special district and provide examples?
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A non-school special district is any special district other than a school district; examples include municipal utility districts (MUDs) and hospital districts. •Municipal utility districts •Economic development corporations •Hospital districts •Fire-prevention districts. (pg.346)
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Compare a strong mayor council versus a weak mayor-council system?
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A strong mayor-council variation executive power, such as appointive and removal powers to boards and departments or veto powers, are concentrated in the office of the mayor, and a weak mayor-council variation, these executive powers are much more limited, fragmenting power between the mayor and the other elected or appointed officials. (pg.335-336)
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Define General revenues fund budget?
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A budget for a nondedicated revenue account that function as the state's primary operating fund.
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Define General revenue-dedicated funds budget?
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A budget composed of funds for dedicated revenues that target money for specific purposes.
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Define Federal funds budget?
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A state budget that include all grants, payments, and reimbursement received from the federal government by state agencies and institutions.
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Define Other funds budget?
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A budget consisting of all other funds flowing into the state treasury that are not included in other state budgets; this includes the Texas Highway Fund, various trust funds operated by the state, and certain revenues held for local higher education accounts.
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Define All funds budget?
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A budget that aggregates all monies flowing into the state treasury and all state spending.
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What is the oil severance tax?
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A tax incurred when oil is removed or severed within a taxing jurisdiction.
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Why does Texas need to have a balanced budget?
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A balanced budget would exist whenever the projected income from tax revenues is equal to or exceeds the projected expenditure.
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Why does the tax revenue on oil and natural gas fluctuate?
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The tax revenue from oil production fluctuates with the price of oil and the volume of oil produced in Texas, and with the oil tax, raised from natural gas depends on the price and the amount produced. Revenues from natural gas have fluctuated considerably over time.
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Why is it hard for Texas to ever have a personal income tax?
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Because Texas is a low-spending state & has low taxes
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Provide examples of consumer taxes?
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1. ide examples of consumer taxes? • Sales Tax • Oil Production and Regulation Tax • Natural Gas Production Tax • Motor Fuels Tax • Motor Vehicle Sales and Rentals and Manufactured Home Sales Tax • Franchise Tax • Tobacco Taxes • Alcoholic Beverage Taxes • Insurance Occupation Taxes • Utility Taxes • Hotel and Motel Tax • Inheritance Tax
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What have become two recent large sources of money for the state?
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• tobacco companies • A state lottery
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Define General Revenue Fund?
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Is the state's primary operating fund.
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Define Available School Fund?
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A dedicated fund established by the constitution for the support of public education in the state.
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Define State Highway Fund?
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That supports the construction, maintenance, and policing of roadways and acquires rights of way; funded through a variety of taxes such as motor vehicle registration fees, the federal highway fund, and the sales tax on motor lubricants.
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Define Economic Stabilization Fund?
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Fund established by constitutional amendment in 1988 to provide funds for the state during times of financial stress, commonly known as the Rainy-Day Fund.
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Define the Permanent School Fund and discuss how factors it considers when distributing money.
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A fund created in 1854 that provides monies for primary and secondary schools, The funds distributes money to school districts across the state based on attendance and guarantees bonds issued by local school boards, enabling them to get lower interest rates in the bond markets.
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What is the purpose of the Biennial Revenue Estimate?
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is a detailed forecast of the total revenue that the state is expected to take in over the next biennium. The Texas Constitution requires that the BRE contain "an itemized estimate of the anticipated revenue ... to be credited during the succeeding biennium"
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Explain what is meant by the "dual-budget" system.
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This means that responsibility for preparing an initial draft of the budget is shared by the Governor through the Governor's Office of Budget, Planning, and Policy (GOBPP) and the legislature through the LBB.
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Define rationality?
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The idea in public-policy making that we have clearly identified goals and that we seek to achieve these goals in an optimal or efficient manner.
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Define Optimality?
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Or efficiency refers to the idea that policy will be developed that will maximize the outputs of government with a minimum commitment of resources.
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Discuss some of the challenges facing education policy in Texas.
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Low level of public spending per pupil, Demographics are increasingly minority & disadvantage, High dropout rates.
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Explain the steps to the policy-making process.
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• Problem Identification • Policy Formulation • Implementation • Evaluation
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What is public policy?
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Can be defined as the expressed goals of a governmental body backed by incentives or sanctions.
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How is welfare measured?
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Is measured on families based on size and consumption requirements, but they contrives is it adequately measures the minimal needs of a family
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What is meant by the law of capture?
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the idea that the first person to "capture" water or oil by pumping it out of the ground and using it owns that water or oil
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Where does most of the water in Texas come from?
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(62 percent) came from groundwater sources
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Discuss 3 specific problems that have impacted the education policy in Texas.
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•Desegregation •Equity in the Public school System •Educational Excellence and Accountability in Texas
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Discuss the following court cases; Plessy v Ferguson (1896)?
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1892 case challenging Louisiana's Separate Car Act that segregated rail car passengers by race. Homer Plessy's lawyer argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendment. The Supreme Court found that "separate but equal" accommodations satisfied the 14th Amendments requirements.
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Discuss the following court cases Brown v. Board of Education (1954)?
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1954 Supreme Court case challenging segregation of public schools in Kansas. Marked the end of the "separate but equal" precedent. (overturned the Plessy V. Ferguson decision) Served as a catalyst for the expanding civil rights movement of the 1950's.
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Discuss the following court cases San Antonio v. Rodriguez (1973)?
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Demetrio Rodriquez and other parents whose children attended public school in San Antonio Texas argued that poor children did not have equal access to education because education taxes was tied to local property values. schools in economically depressed areas received less than schools in higher income areas. Rodriguez argues that this violates the equal protection clause of the 14th amendment. a federal court agreed with Rodriguez, stating that the discrimination was invidious.
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Discuss the following court cases Edgewood ISD v. Kirby (1984)?
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1984 Class action suit in U.S. District Court challenging Texas' public school finance system claiming it led to unequal educational opportunities. Per student spending disparities ranged from $2,112 in poor neighborhoods to $19,333 in wealthy communities. Led to legal and legislative challenges resulting in the "Robin Hood" plan to shift money to poorer school districts.
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Discuss the following court cases National Federation of Independent Business v. Sebelius (2012)?
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The Supreme Court upheld Congress' power to enact the Affordable Health Care Act ( ObamaCare) Also ruled that the Anti-Injunction Act does not bar a challenge to the constitutionality to the Affordable Care Act's "individual mandate" provision, which requires Americans have health insurance or pay a penalty fine.
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Discuss the following court cases Edwards Aquifer Authority v. Burrell day & Joel McDaniel (2012)?
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They had the rights to the water based upon their ownership of the land above it
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Discuss some of the problems felons face after leaving prison.
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It's difficult for felons to find jobs. Readjusting to society.
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Provide examples given in your textbook that question the integrity of the Texas criminal justice system.
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Texas has more verified wrongful convictions than any other states in the United States.
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Define probation and what are its requirements?
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Punishment where an offender is not imprisoned but remains in the community under specified rules and under the supervision of a probation officer, The requirements are reporting to a probation officer, holding a steady job, paying fines or restitution, and abstaining from alcohol or drug use.
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Define plea bargain and when is it used?
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A PLEA BARGAIN a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing, is not only necessary politically for an elected district attorney to maintain high conviction rates but also crucial in managing the limited resources of the prosecutor's office and the courts.
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Discuss the following cases: Ruiz v. Estelle (1980).
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Texas Prisons are inhumane. The prisons are made much better. 8th amendment (no cruel and unusual punishment) is cited.
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What is parole and who grants it?
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PAROLE is the conditional release of an offender who has served some prison time, under specified rules and under the supervision of a parole officer, Texas Board of Probation and Paroles.
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Describe the procedural steps that follow after a person is arrested.
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1) Arraignment and posting bail 2) Grand Jury Indictment 3) Pretrial Hearing 4) Trial and Sentencing
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Describe the process to get clemency.
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the governor essentially had unlimited power to grant clemency, a constitutional amendment was passed in 1936 that changed the board with giving the governor recommendations on clemency.
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What is a grand jury and discuss one of its criticisms?
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GRAND JURY that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence, Determine if there is sufficient evidence to hold the accused for trial.
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Discuss the following cases: Gideon v. Wainwright (1963).
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A Supreme Court case in which the court ruled that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one. extending the identical requirement made on the federal government under the 6th Amendment.
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What are some of the reasons a person could get the death penalty?
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Murder of a public safety officer, fireman, or correctional employee; murder during commission of a kidnapping, burglary, robbery, aggravated rape, or arson; murder for hire; multiple murders; murder during a prison escape; murder by a prison inmate serving a life sentence; or murder of a child under the age of 6.
