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."