1-1 By: Wentworth S.J.R. No. 29
1-2 (In the Senate - Filed March 8, 1993; March 9, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; May 5, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 1; May 5, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 SENATE JOINT RESOLUTION
1-20 proposing a constitutional amendment to authorize the consolidation
1-21 of counties and municipalities.
1-22 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Article III, Section 64, of the Texas
1-24 Constitution is amended by adding Subsection (c) to read as
1-25 follows:
1-26 (c)(1) Notwithstanding any other constitutional provision,
1-27 the commissioners court of a county by order may call a county
1-28 election on the question of combining the governments of the county
1-29 and one or more municipalities in the county into a consolidated
1-30 government to operate under a charter. The commissioners court
1-31 shall determine which municipalities in the county are to be
1-32 consolidated. The commissioners court shall order the ballot for
1-33 the election to be printed to provide for voting for or against the
1-34 proposition: "Consolidation of the governments of (name of county)
1-35 County and the (municipality or municipalities, as appropriate) of
1-36 (name of each municipality subject to the consolidation)."
1-37 (2) The commissioners court shall hold the election
1-38 called under Subdivision (1) of this subsection on the first
1-39 authorized uniform election date prescribed by general law after
1-40 the date of the order that allows sufficient time to comply with
1-41 applicable requirements of general law.
1-42 (3) If the voters approve the question of
1-43 consolidating the county and one or more municipalities in the
1-44 county, the consolidation shall take place according to the
1-45 procedures described by Subdivisions (4) through (8) of this
1-46 subsection.
1-47 (4) The commissioners court by order shall call an
1-48 election for the members of a charter commission. The charter
1-49 commission shall be composed of five, seven, or nine members, as
1-50 determined by the commissioners court. The election shall be
1-51 conducted in accordance with the applicable requirements of general
1-52 law and shall be held on the first authorized uniform election date
1-53 prescribed by general law after the date of the order that allows
1-54 sufficient time to comply with applicable requirements of general
1-55 law.
1-56 (5) The charter commission shall elect from its
1-57 members a presiding officer, an assistant presiding officer, and
1-58 other officers the commission considers necessary. The
1-59 commissioners court shall appoint a person to fill a vacancy on the
1-60 commission. A member of the charter commission is entitled to
1-61 reimbursement for actual and necessary expenses incurred in
1-62 performing functions as a member of the commission. The
1-63 reimbursement of the commission members and the expenses of the
1-64 commission's work shall be financed by agreement of the county and
1-65 the municipalities subject to the consolidation. The charter
1-66 commission is abolished on the date a proposed charter is filed
1-67 under Subdivision (6) of this subsection.
1-68 (6) The charter commission shall adopt a proposed
2-1 charter to govern the consolidated government. The charter
2-2 commission shall file the proposed charter with the commissioners
2-3 court before the second anniversary of the date of the election of
2-4 the commission. The proposed charter must contain a provision for
2-5 its revision and must contain provisions to:
2-6 (A) transfer the powers, duties, rights,
2-7 privileges, obligations, and liabilities of the county and
2-8 municipal governing bodies to the consolidated government;
2-9 (B) consolidate the county and municipal offices
2-10 and facilities;
2-11 (C) levy ad valorem taxes graduated by area
2-12 based on the level of services provided to that area; and
2-13 (D) govern all other matters relating to the
2-14 operation of the consolidated government.
2-15 (7) The commissioners court by order shall call an
2-16 election to approve the proposed charter. The election shall be
2-17 conducted in accordance with the applicable requirements of general
2-18 law and shall be held on the first authorized uniform election date
2-19 prescribed by general law after the date that the proposed charter
2-20 is filed with the court and that allows sufficient time to comply
2-21 with applicable requirements of general law. If the voters approve
2-22 the proposed charter, the approved charter takes effect on January
2-23 1 following the date of the election.
2-24 (8) Notwithstanding any other constitutional or
2-25 statutory provision, the adopted charter controls any issue
2-26 relating to the governance of the consolidated government.
2-27 SECTION 2. This proposed constitutional amendment shall be
2-28 submitted to the voters at an election to be held on November 2,
2-29 1993. The ballot shall be printed to provide for voting for or
2-30 against the proposition: "The constitutional amendment to permit
2-31 the voters of a county to consolidate, at a local option election,
2-32 the governments of the county and one or more municipalities in the
2-33 county."
2-34 * * * * *
2-35 Austin,
2-36 Texas
2-37 May 5, 1993
2-38 Hon. Bob Bullock
2-39 President of the Senate
2-40 Sir:
2-41 We, your Committee on Intergovernmental Relations to which was
2-42 referred S.J.R. No. 29, have had the same under consideration, and
2-43 I am instructed to report it back to the Senate with the
2-44 recommendation that it do pass and be printed.
2-45 Armbrister,
2-46 Chairman
2-47 * * * * *
2-48 WITNESSES
2-49 FOR AGAINST ON
2-50 ___________________________________________________________________
2-51 Name: Pike Powers x
2-52 Representing: Self
2-53 City: Austin
2-54 -------------------------------------------------------------------
2-55 Name: Sam D. Seale x
2-56 Representing: Texas Assoc. of Counties
2-57 City: Austin
2-58 -------------------------------------------------------------------
2-59 FOR AGAINST ON
2-60 ___________________________________________________________________
2-61 Name: Waggoner Carr x
2-62 Representing: Self
2-63 City: Austin
2-64 -------------------------------------------------------------------
2-65 Name: Judge Bill Aleshire x
2-66 Representing: Travis County Judge
2-67 City: Austin
2-68 -------------------------------------------------------------------
2-69 Name: Mayor Bruce Todd x
2-70 Representing: City of Austin
3-1 City: Austin
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