By:  Naishtat                                         H.J.R. No. 90
       73R4931 CAG-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment to authorize the voters of a
    1-2  county with a population of 500,000 or more to adopt a charter
    1-3  under which the local governments in the county are consolidated.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article III of the Texas Constitution is amended
    1-6  by adding Section 64A to read as follows:
    1-7        Sec. 64A.  (a)  A local government charter commission is
    1-8  created in a county with a population of 500,000 or more if the
    1-9  commission is approved by a majority of the voters casting votes at
   1-10  an election ordered under this subsection.  The commissioners court
   1-11  of the county shall order the election in the county if the court
   1-12  is petitioned to do so by the voters of the county and the voters
   1-13  of the most populous municipality in the county.  A petition must:
   1-14              (1)  be filed in the office of the county judge of the
   1-15  county;
   1-16              (2)  state that it is intended to require an election
   1-17  in the county on the question of establishing a local government
   1-18  charter commission to propose a charter under which the county and
   1-19  each municipality and special district that has a majority of its
   1-20  area located in the county will be consolidated;
   1-21              (3)  be signed by a number of registered voters of the
   1-22  county and of the most populous municipality that has a majority of
   1-23  its area located in the county equal to at least 10 percent of the
   1-24  number of votes received for governor in the county and in the
    2-1  municipality in the most recent gubernatorial general election;
    2-2              (4)  contain the date of signing, current voter
    2-3  registration number, printed name, and residence address, including
    2-4  zip code, for the required number of signers; and
    2-5              (5)  be signed by the required number of signers during
    2-6  the 60 days preceding the date the petition is filed in the office
    2-7  of the county judge.
    2-8        (b)  Within five days after the date a petition is received
    2-9  in the office of the county judge, the judge shall submit the
   2-10  petition for verification to the county clerk.  The county clerk
   2-11  shall determine whether the petition meets the requirements imposed
   2-12  by this subsection.  Within 30 days after the date the petition is
   2-13  submitted to the county clerk for verification, the clerk shall
   2-14  certify in writing to the commissioners court whether the petition
   2-15  is valid or invalid.  If the county clerk certifies that the
   2-16  petition is invalid, the clerk shall state in the certification the
   2-17  reasons for that determination.  If the county clerk certifies that
   2-18  the petition is valid, the commissioners court shall order the
   2-19  election to be held on the next authorized election date that
   2-20  occurs after the 45th day after the date the court receives the
   2-21  clerk's certification.
   2-22        (c)  The commissioners court shall order the ballot for the
   2-23  election to be printed to provide for voting for or against the
   2-24  proposition:  "Establishing a local government charter commission
   2-25  to propose a charter under which the county and each municipality
   2-26  and special district that has a majority of its area located in the
   2-27  county will be consolidated."
    3-1        (d)  If a majority of the voters casting votes at the
    3-2  election favor the issue, a local government charter commission
    3-3  shall be established.  The commission shall be composed of five
    3-4  members elected from single-member districts in a nonpartisan
    3-5  election by the qualified voters of the county.  The commissioners
    3-6  court shall determine the boundaries of the single-member
    3-7  districts.  The districts must be compact and contiguous and as
    3-8  equal as practicable in population.  The commissioners court shall
    3-9  make all decisions necessary to carry out the election.
   3-10        (e)  The charter commission shall propose a charter to
   3-11  provide for the reorganization and consolidation of the county,
   3-12  municipal, and special district governments and offices and may
   3-13  provide for fees and taxes to operate the reorganized and
   3-14  consolidated local government.
   3-15        (f)  The charter may provide for the assumption by the
   3-16  reorganized and consolidated local government of the duties,
   3-17  responsibilities, powers, and assets of the county, municipalities,
   3-18  and special districts and for the exercise of any power not denied
   3-19  to municipalities, special districts, and counties.  The charter
   3-20  may not contain any provision inconsistent with this constitution
   3-21  or state statutes.
   3-22        (g)  The charter shall provide the procedure for its revision
   3-23  or amendment.
   3-24        (h)  As directed by the charter commission and in conformance
   3-25  with state statutes, the chief election official of the county
   3-26  shall provide for the publication of the proposed charter and for
   3-27  an election on the adoption of the charter or optional charter
    4-1  provisions.  The charter commission shall make all decisions
    4-2  necessary to carry out the election on the charter.  If a majority
    4-3  of the voters casting votes at the election favor the issue, the
    4-4  charter is adopted and the transition to the reorganized and
    4-5  consolidated local government shall occur in the manner prescribed
    4-6  by the charter.
    4-7        SECTION 2.  This proposed constitutional amendment shall be
    4-8  submitted to the voters at an election to be held November 2, 1993.
    4-9  The ballot shall be printed to provide for voting for or against
   4-10  the proposition:  "The constitutional amendment to authorize the
   4-11  voters of a county with a population of 500,000 or more to adopt a
   4-12  charter under which the local governments in the county are
   4-13  consolidated."