By: Wentworth S.J.R. No. 29
73R5991 RWS-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to authorize the consolidation
1-2 of counties and municipalities.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article III, Section 64, of the Texas
1-5 Constitution is amended by adding Subsection (c) to read as
1-6 follows:
1-7 (c)(1) Notwithstanding any other constitutional provision,
1-8 the commissioners court of a county by order may call a county
1-9 election on the question of combining the governments of the county
1-10 and one or more municipalities in the county into a consolidated
1-11 government to operate under a charter. The commissioners court
1-12 shall determine which municipalities in the county are to be
1-13 consolidated. The commissioners court shall order the ballot for
1-14 the election to be printed to provide for voting for or against the
1-15 proposition: "Consolidation of the governments of (name of county)
1-16 County and the (municipality or municipalities, as appropriate) of
1-17 (name of each municipality subject to the consolidation)."
1-18 (2) The commissioners court shall hold the election
1-19 called under Subdivision (1) of this subsection on the first
1-20 authorized uniform election date prescribed by general law after
1-21 the date of the order that allows sufficient time to comply with
1-22 applicable requirements of general law.
1-23 (3) If the voters approve the question of
1-24 consolidating the county and one or more municipalities in the
2-1 county, the consolidation shall take place according to the
2-2 procedures described by Subdivisions (4)-(8) of this subsection.
2-3 (4) The commissioners court by order shall call an
2-4 election for the members of a charter commission. The charter
2-5 commission shall be composed of five, seven, or nine members, as
2-6 determined by the commissioners court. The election shall be
2-7 conducted in accordance with the applicable requirements of general
2-8 law and shall be held on the first authorized uniform election date
2-9 prescribed by general law after the date of the order that allows
2-10 sufficient time to comply with applicable requirements of general
2-11 law.
2-12 (5) The charter commission shall elect from its
2-13 members a presiding officer, an assistant presiding officer, and
2-14 other officers the commission considers necessary. The
2-15 commissioners court shall appoint a person to fill a vacancy on the
2-16 commission. A member of the charter commission is entitled to
2-17 reimbursement for actual and necessary expenses incurred in
2-18 performing functions as a member of the commission. The
2-19 reimbursement of the commission members and the expenses of the
2-20 commission's work shall be financed by agreement of the county and
2-21 the municipalities subject to the consolidation. The charter
2-22 commission is abolished on the date a proposed charter is filed
2-23 under Subdivision (6) of this subsection.
2-24 (6) The charter commission shall adopt a proposed
2-25 charter to govern the consolidated government. The charter
2-26 commission shall file the proposed charter with the commissioners
2-27 court before the second anniversary of the date of the election of
3-1 the commission. The proposed charter must contain a provision for
3-2 its revision and must contain provisions to:
3-3 (A) transfer the powers, duties, rights,
3-4 privileges, obligations, and liabilities of the county and
3-5 municipal governing bodies to the consolidated government;
3-6 (B) consolidate the county and municipal offices
3-7 and facilities;
3-8 (C) levy ad valorem taxes graduated by area
3-9 based on the level of services provided to that area; and
3-10 (D) govern all other matters relating to the
3-11 operation of the consolidated government.
3-12 (7) The commissioners court by order shall call an
3-13 election to approve the proposed charter. The election shall be
3-14 conducted in accordance with the applicable requirements of general
3-15 law and shall be held on the first authorized uniform election date
3-16 prescribed by general law after the date that the proposed charter
3-17 is filed with the court and that allows sufficient time to comply
3-18 with applicable requirements of general law. If the voters approve
3-19 the proposed charter, the approved charter takes effect on January
3-20 1 following the date of the election.
3-21 (8) Notwithstanding any other constitutional or
3-22 statutory provision, the adopted charter controls any issue
3-23 relating to the governance of the consolidated government.
3-24 SECTION 2. This proposed constitutional amendment shall be
3-25 submitted to the voters at an election to be held on November 2,
3-26 1993. The ballot shall be printed to provide for voting for or
3-27 against the proposition: "The constitutional amendment to permit
4-1 the voters of a county to consolidate, at a local option election,
4-2 the governments of the county and one or more municipalities in the
4-3 county."