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."