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."