Fulshear Mayor, Tommy Kuykendall answers important questions about adopting a “Home Rule Charter” for this growing city.
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arring any unforeseen procedural delays, the City of Fulshear is currently set to hold an election in May 2016, in which voters will be asked to make one of the most important decisions in the life of their city to date. They will be asked to consider and decide whether it is time to change its form of government from a Type “A” General Law City to a Home Rule City.
and the Prospect of More Growth Fulshear is a city in the midst of a remarkable transition. Its population, now hovering around 8000, has already grown more than onethousand percent (ten-fold) since the year 2000. Fulshear Mayor, Tommy Kuykendall, says that Fulshear has found itself limited by what the State of Texas allows small towns to do. Adding fuel to the fire, Fulshear is expecting to grow another one-thousand percent (another ten-fold) to an anticipated population that could reach up to 80,000 residents over the next two decades. Consequently, Fulshear finds itself in a unique leadership position in a region that is anticipated to ultimately welcome as many as 200,000 residents and possibly more. Mayor Tommy Kuykendall explains that, if passed by voters, adopting a Home Rule Charter would allow Fulshear city government to better accommodate current growth as well as the future needs of the city. Agree or disagree, there will certainly be opportunities for discussion and debate among voters regarding whether to adopt a home rule charter. Such consideration and dialogue is extremely important because this could be a pivotal moment for Fulshear. Ultimately, the outcome of the currently anticipated election can be expected to have a considerable impact on the way that future Fulshear citizens manage their civic and political destiny. As the publisher of Fulshear Magazine, I thought it would be good to seek out the best resource available as to whether and why it may be time for the City of Fulshear to make such a change. My “Q&A” on the matter asks some important questions of Fulshear’s highest elected official, Mayor Tommy Kuykendall.
LOCAL GOVERNMENT BACKGROUND
What types of municipal government does the State of Texas allow? “In Texas there are two forms of municipal government – Home Rule and General Law. A city with a population greater than 5,000 and that has adopted a Home Rule Charter is a Home Rule City. General Law cities are usually smaller than 5,000 in population and operate under the Local Government Code or “General Laws” of the State of Texas. General Law cities can be classified as Type A, B, or C and may have an aldermanic or commission governing body. All cities begin under the General Law form of municipal government and, following growth beyond 5,000 residents, may choose to pursue conversion to Home Rule status through an election of the residents.”
Why does the state allow for such varied forms of municipal government and for a city to change from one form to another?
In my opinion, before a city is ready to take off its governance “training wheels,” it needs to operate under a more limited structure that is under the general laws of the state. When a General Law City forms, it initially does not have expertise in city operations, record keeping, law enforcement, or ordinance creation and enforcement. Nor does a new city have the resources to hire professional experts in all these areas to overcome this lack of expertise. Also, when you are a new, small city, the mayor has all the power and control, which offers limited opportunities for checks and balances. Unfortunately, you can find many stories where small towns get off track. However, cities that grow from a few hundred to over 5,000 gain experience, expertise, personnel, and gain resources to operate efficiently and handle all the decisions cities need to make. The state believes that a city, after exceeding 5,000 in population and successfully governing itself through that growth, is ready to have more privileges and authority to control its own destiny.”
Fulshear was founded in 1890. When and why did Fulshear officially become a city? “In 1858, the first statute was passed by the Texas legislature, allowing incorporation under the General Laws of Texas. In 1912, Texas voters passed the Home Rule Amendment giving cities with over 5,000 inhabitants the power to adopt their own charter after an election, thereby giving them the power of selfgovernment. In 1888, Fulshear embraced the San Antonio and Aransas Pass Railroad through the heart of town, which encouraged people to move to the city that centered around Churchill Fulshear’s plantation. Fulshear fluctuated in population from 1890 to the 1970s. In order for the city to provide for the health, safety, and protection of its citizens, incorporation proved to be the most viable way to accomplish that. Also, as the City of Houston began to expand its territorial boundaries westward, Fulshear saw incorporation as a way to provide protection from annexation by Houston. Fulshear residents believed they could best provide, plan, and govern themselves locally.”
When Fulshear became a city, what type of city was formed? “Fulshear is a Type “A” General Law City today. Most cities are formed as Type “B” General Law cities until their population reaches 600, at which time they are able to convert to the Type “A” structure. Fulshear chose to function under an aldermanic form of government with a Type “A” General Law City structure today.”
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“When groups of people organize into a city, they are looking to congregate together for a few fundamental reasons. First, a group of people can more effectively provide for the safety and security of their family, homes, and belongings. Second, parents can provide better educational opportunities and training for their children. Third, the group may have common religious beliefs and practices and want to attend the same church. Lastly, human nature shows a person or family finds comfort and assurance in congregating with those who are facing similar life events – birthing and raising children, dealing with family illnesses, struggling with aging parents, etc.