By Puente H.J.R. No. 104 74R7316 CAG-D A JOINT RESOLUTION 1-1 proposing a constitutional amendment to authorize the voters of a 1-2 county and certain political subdivisions to create a consolidated 1-3 county government by adopting a charter restructuring the county 1-4 government and consolidating the political subdivisions. 1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article III, Texas Constitution, is amended by 1-7 adding Section 64A to read as follows: 1-8 Sec. 64A. (a) A county and certain political subdivisions 1-9 may adopt a charter to restructure the government of the county 1-10 into a single consolidated county government under the provisions 1-11 of this section regardless of any other provision of this 1-12 constitution. 1-13 (b) The charter may consolidate with the county government 1-14 the governments of any municipality, special district or authority, 1-15 or other political subdivision, other than a school district, into 1-16 a single consolidated county government if: 1-17 (1) all or the largest part of the area of a 1-18 municipality, special district or authority, or other political 1-19 subdivision to be consolidated is located in the county; and 1-20 (2) the consolidated county government is to contain 1-21 the most populous municipality having all or the largest part of 1-22 its area in the county. 1-23 (c) The powers and duties of a consolidated county 1-24 government are the cumulative powers and duties of the political 2-1 subdivisions that are consolidated and any additional powers 2-2 granted by this constitution or general law, except that a 2-3 consolidated county government may not enact a zoning ordinance or 2-4 order in any area other than in an area in which a municipality may 2-5 enact a zoning ordinance. 2-6 (d) Except for a constitutional provision expressly applying 2-7 to a consolidated county government, the charter controls on an 2-8 issue relating to the structure, powers, duties, or governance of 2-9 the consolidated county government. 2-10 (e) A charter adopted under this section must: 2-11 (1) transfer to the consolidated county government all 2-12 of the powers, duties, responsibilities, rights, privileges, 2-13 assets, obligations, and liabilities of the county and any 2-14 consolidated municipality, special district or authority, or other 2-15 political subdivision; and 2-16 (2) provide for the levy of ad valorem taxes in the 2-17 area of the consolidated county government that are graduated by 2-18 area based on the level of services provided to the area by the 2-19 consolidated county government. 2-20 (f) If a consolidated municipality, special district or 2-21 authority, or other political subdivision is located in more than 2-22 one county or has extraterritorial jurisdiction in more than one 2-23 county, the consolidated county government's powers and duties 2-24 outside the consolidated county area are limited to those powers 2-25 that the political subdivision would have in the absence of the 2-26 consolidation. 2-27 (g) A charter adopted under this section may: 3-1 (1) consolidate, modify, or abolish the office, 3-2 powers, duties, or elected status of a county official that is 3-3 established by another section of this constitution, if the charter 3-4 otherwise continues all of the established functions of county 3-5 government; 3-6 (2) modify the size and structure of the governing 3-7 body of the county; 3-8 (3) grant the governing body of the consolidated 3-9 county government any power that is not inconsistent with this 3-10 constitution or general law; and 3-11 (4) provide a graduated levy on any tax, other than an 3-12 ad valorem tax, based on the level of services provided to each 3-13 area of the consolidated county government. 3-14 (h) A charter commission to draft a charter may be appointed 3-15 by the commissioners court of the county at any time. A charter 3-16 commission to draft a charter shall be appointed by the 3-17 commissioners court if petitioned under Subsection (i) of this 3-18 section to do so. 3-19 (i) A petition for the commissioners court to appoint a 3-20 charter commission must: 3-21 (1) be filed with the office of county clerk; 3-22 (2) be signed by registered voters of the county equal 3-23 to at least 10 percent of the number of votes received for governor 3-24 in the county in the most recent gubernatorial election; and 3-25 (3) comply with the applicable requirements of general 3-26 law relating to a petition authorized or required to be filed in 3-27 connection with an election. 4-1 (j) Within 30 days after the date the petition is filed with 4-2 the county clerk, the clerk shall determine whether the petition 4-3 meets the requirements of Subsection (i) of this section and shall 4-4 certify in writing to the commissioners court whether the petition 4-5 is valid or invalid. 4-6 (k) If the county clerk certifies that the petition is 4-7 valid, the commissioners court shall appoint a charter commission 4-8 within 60 days after the date the commissioners court receives the 4-9 clerk's certification. If the petition is certified as invalid, 4-10 the clerk shall state the reason for that determination. A person 4-11 circulating the petition has 60 days after the date of 4-12 certification to submit additional petitions or signatures to cure 4-13 the determination of a deficiency. 4-14 (l) The charter commission shall be appointed by the 4-15 commissioners court after notice of the court's intent to make the 4-16 appointments is given to the governing body of each municipality 4-17 having any area in the county. 4-18 (m) The charter commission must include a number of members 4-19 from the most populous municipality that is at least in the same 4-20 ratio to the total membership of the commission as the ratio of the 4-21 municipality's population to the total population of the county. 4-22 The members of the commission appointed under this subsection are 4-23 appointed from persons nominated by the governing body of the 4-24 municipality. If the governing body of the municipality fails to 4-25 nominate members within 30 days after the date of receiving notice 4-26 of the commissioners court's intent to appoint a charter 4-27 commission, the commissioners court shall appoint a proportionate 5-1 number of residents of that municipality. 5-2 (n) The charter commission also must include reasonable 5-3 representation of the population of other incorporated areas within 5-4 the county and of the unincorporated areas of the county. 5-5 (o) A charter shall be prepared by the charter commission. 5-6 The charter commission shall file its proposed charter with the 5-7 commissioners court on or before the second anniversary of the date 5-8 the first appointment to the commission is made. On the filing of 5-9 the proposed charter with the commissioners court, the charter 5-10 commission is abolished. 5-11 (p) The commissioners court by order shall call an election 5-12 to approve the proposed charter on the first authorized uniform 5-13 election date prescribed by general law after the date the proposed 5-14 charter is filed with the commissioners court and that allows 5-15 sufficient time to comply with applicable requirements of general 5-16 law. 5-17 (q) The adoption of the charter must be approved in the 5-18 election by: 5-19 (1) a majority of the votes received from the voters 5-20 of the county; and 5-21 (2) a majority of the votes received from the voters 5-22 of the most populous municipality. 5-23 (r) A municipality other than the most populous 5-24 municipality, a special district or authority, or another political 5-25 subdivision is made a part of the initial consolidation or a later 5-26 consolidation only if a majority of the votes received at the 5-27 election from the voters of that political subdivision favor the 6-1 consolidation. 6-2 (s) Following the adoption of a charter, a consolidated 6-3 county government may later consolidate additional municipalities, 6-4 special districts or authorities, or other political subdivisions 6-5 if: 6-6 (1) the consolidated county government follows the 6-7 conditions of the charter, if any, for additional consolidation; 6-8 and 6-9 (2) the majority of the votes received from the voters 6-10 of the municipality, special district or authority, or political 6-11 subdivision approve, at an election, the additional consolidation. 6-12 (t) The adoption of a charter does not: 6-13 (1) alter the collective bargaining status of the 6-14 employees of the former political subdivision; or 6-15 (2) impair the interests of holders of bonded 6-16 indebtedness of the former political subdivision. 6-17 SECTION 2. This proposed constitutional amendment shall be 6-18 submitted to the voters at an election to be held on November 7, 6-19 1995. The ballot shall be printed to permit voting for or against 6-20 the proposition: "The constitutional amendment to permit the 6-21 voters of a county and political subdivisions in the county to 6-22 create a more efficient, effective, accountable, and responsive 6-23 local government by adopting a charter restructuring the county 6-24 government and consolidating the political subdivisions."