By Wentworth S.J.R. No. 47
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."