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."