By: Wentworth, Luna S.J.R. No. 47
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment to authorize the voters of
1-2 certain counties and certain political subdivisions to create a
1-3 consolidated county government by adopting a charter restructuring
1-4 the county 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) This section applies only to the counties of
1-9 Bandera, Bee, Bexar, Gillespie, Guadalupe, Kendall, Kerr, Midland,
1-10 Nueces, Tom Green, and Travis.
1-11 (b) A county and certain political subdivisions may adopt a
1-12 charter to restructure the government of the county into a single
1-13 consolidated county government under the provisions of this section
1-14 regardless of any other provision of this constitution.
1-15 (c) The charter may consolidate with the county government
1-16 the governments of any municipality, special district or authority,
1-17 or other political subdivision, other than a school district, into
1-18 a single consolidated county government if:
1-19 (1) all or the largest part of the area of a
1-20 municipality, special district or authority, or other political
1-21 subdivision to be consolidated is located in the county; and
1-22 (2) the consolidated county government is to contain
1-23 the most populous municipality having all or the largest part of
1-24 its area in the county.
2-1 (d) The powers and duties of a consolidated county
2-2 government are the cumulative powers and duties of the political
2-3 subdivisions that are consolidated and any additional powers
2-4 granted by this constitution or general law, except that a
2-5 consolidated county government may not enact a zoning ordinance or
2-6 order in any area outside a service area in which the consolidated
2-7 county government provides its highest level of urban services.
2-8 (e) Except for a constitutional provision expressly applying
2-9 to a consolidated county government, the charter controls on an
2-10 issue relating to the structure, powers, duties, or governance of
2-11 the consolidated county government.
2-12 (f) A charter adopted under this section must:
2-13 (1) transfer to the consolidated county government all
2-14 of the powers, duties, responsibilities, rights, privileges,
2-15 assets, obligations, and liabilities of the county and any
2-16 consolidated municipality, special district or authority, or other
2-17 political subdivision; and
2-18 (2) provide for the levy of ad valorem taxes in the
2-19 area of the consolidated county government that are graduated by
2-20 area based on the level of services provided to the area by the
2-21 consolidated county government.
2-22 (g) If a consolidated municipality, special district or
2-23 authority, or other political subdivision is located in more than
2-24 one county or has extraterritorial jurisdiction in more than one
2-25 county, the consolidated county government's powers and duties
2-26 outside the consolidated county area are limited to those powers
2-27 that the political subdivision would have in the absence of the
3-1 consolidation.
3-2 (h) A charter adopted under this section may:
3-3 (1) consolidate, modify, or abolish the office,
3-4 powers, duties, or elected status of a county official that is
3-5 established by another section of this constitution, if the charter
3-6 otherwise continues all of the established functions of county
3-7 government;
3-8 (2) modify the size and structure of the governing
3-9 body of the county;
3-10 (3) grant the governing body of the consolidated
3-11 county government any power that is not inconsistent with this
3-12 constitution or general law; and
3-13 (4) provide for the levy of any tax in the area of the
3-14 consolidated county government, in addition to the ad valorem tax,
3-15 that is graduated by area based on the level of services provided
3-16 to the area by the consolidated government.
3-17 (i) A charter commission to draft a charter may be appointed
3-18 by the commissioners court of the county at any time. A charter
3-19 commission to draft a charter shall be appointed by the
3-20 commissioners court if petitioned under Subsection (j) of this
3-21 section to do so. The number of members of the charter commission
3-22 shall be determined by the commissioners court, provided that the
3-23 total number of members is not less than seven nor more than 17.
3-24 (j) A petition for the commissioners court to appoint a
3-25 charter commission must:
3-26 (1) be filed with the office of county clerk;
3-27 (2) be signed by registered voters of the county equal
4-1 to at least 10 percent of the number of votes received for governor
4-2 in the county in the most recent gubernatorial election; and
4-3 (3) comply with the applicable requirements of general
4-4 law relating to a petition authorized or required to be filed in
4-5 connection with an election.
4-6 (k) Within 30 days after the date the petition is filed with
4-7 the county clerk, the clerk shall determine whether the petition
4-8 meets the requirements of Subsection (j) of this section and shall
4-9 certify in writing to the commissioners court whether the petition
4-10 is valid or invalid.
4-11 (l) If the county clerk certifies that the petition is
4-12 valid, the commissioners court shall appoint a charter commission
4-13 within 60 days after the date the commissioners court receives the
4-14 clerk's certification. If the petition is certified as invalid,
4-15 the clerk shall state the reason for that determination. A person
4-16 circulating the petition has 60 days after the date of
4-17 certification to submit additional petitions or signatures to cure
4-18 the determination of a deficiency.
4-19 (m) The charter commission shall be appointed by the
4-20 commissioners court after notice of the court's intent to make the
4-21 appointments is given to the governing body of each municipality
4-22 having any area in the county. The notice to the governing body of
4-23 the most populous municipality in the county shall specify the
4-24 number of members who are to be appointed to represent that
4-25 municipality on the commission under Subsection (n) of this
4-26 section.
4-27 (n) The charter commission must include a number of members
5-1 from the most populous municipality that is at least in the same
5-2 ratio to the total membership of the commission as the ratio of the
5-3 municipality's population to the total population of the county.
5-4 The members of the commission appointed under this subsection are
5-5 selected by the governing body of the municipality. If the
5-6 governing body of the municipality fails to select members within
5-7 30 days after the date of receiving notice of the commissioners
5-8 court's intent to appoint a charter commission, the commissioners
5-9 court shall appoint a proportionate number of residents of that
5-10 municipality. The membership of the charter commission must be
5-11 pre-cleared by the United States Department of Justice.
5-12 (o) The charter commission also must include reasonable
5-13 representation of the population of other incorporated areas within
5-14 the county and of the unincorporated areas of the county.
5-15 (p) A charter shall be prepared by the charter commission.
5-16 The charter commission shall file its proposed charter with the
5-17 commissioners court on or before the second anniversary of the date
5-18 the first appointment to the commission is made. On the filing of
5-19 the proposed charter with the commissioners court, the charter
5-20 commission is abolished.
5-21 (q) The commissioners court by order shall call an election
5-22 to approve the proposed charter on the first authorized uniform
5-23 election date prescribed by general law after the date the proposed
5-24 charter is filed with the commissioners court and that allows
5-25 sufficient time to comply with applicable requirements of general
5-26 law.
5-27 (r) The adoption of the charter must be approved in the
6-1 election by:
6-2 (1) a majority of the votes received from the voters
6-3 of the unincorporated area of the county; and
6-4 (2) a majority of the votes received from the voters
6-5 of the most populous municipality.
6-6 (s) A municipality other than the most populous
6-7 municipality, a special district or authority, or another political
6-8 subdivision is made a part of the initial consolidation or a later
6-9 consolidation only if a majority of the votes received at the
6-10 election from the voters of that political subdivision favor the
6-11 consolidation.
6-12 (t) Following the adoption of a charter, a consolidated
6-13 county government may later consolidate additional municipalities,
6-14 special districts or authorities, or other political subdivisions
6-15 if:
6-16 (1) the consolidated county government follows the
6-17 conditions of the charter, if any, for additional consolidation;
6-18 and
6-19 (2) the majority of the votes received from the voters
6-20 of the municipality, special district or authority, or political
6-21 subdivision approve, at an election, the additional consolidation.
6-22 (u) The adoption of a charter does not:
6-23 (1) alter the collective bargaining status of the
6-24 employees of the former political subdivision; or
6-25 (2) impair the interests of holders of bonded
6-26 indebtedness of the county or of any former political subdivision.
6-27 (v) Following the adoption of a charter where the police
7-1 officers of the former political subdivision are covered by a
7-2 collective bargaining agreement, all deputy sheriffs who perform
7-3 the duties of a peace officer and the peace officers of the former
7-4 political subdivision not covered by the bargaining agreement shall
7-5 be placed in the existing police officers bargaining unit.
7-6 (w) Following the adoption of a charter where the police
7-7 officers of the former political subdivision and the deputy
7-8 sheriffs and detention officers of the county are covered by
7-9 separate collective bargaining agreements, the consolidated county
7-10 government shall negotiate with the exclusive bargaining agents for
7-11 the police officers, deputy sheriffs, and detention officers if the
7-12 consolidated county government wants the agreements covering the
7-13 employees to be merged into one agreement.
7-14 (x) Following the adoption of a charter, the consolidated
7-15 government shall not be prohibited from meeting and conferring with
7-16 employee associations who have been selected as the sole and
7-17 exclusive agent of the affected employees over wages, hours of
7-18 work, and other terms of employment. Any memorandum of
7-19 understanding ratified by the consolidated government and the
7-20 employee association shall be binding on the consolidated
7-21 government, the employee association, and the affected employees.
7-22 SECTION 2. This proposed constitutional amendment shall be
7-23 submitted to the voters at an election to be held on November 7,
7-24 1995. The ballot shall be printed to permit voting for or against
7-25 the proposition: "The constitutional amendment to permit the
7-26 voters of certain counties and political subdivisions in the
7-27 counties to create a more efficient, effective, accountable, and
8-1 responsive local government by adopting a charter restructuring the
8-2 county government and consolidating the political subdivisions."