1-1 By: Wentworth, Luna S.J.R. No. 47
1-2 (In the Senate - Filed March 9, 1995; March 14, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; May 4, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 1;
1-6 May 4, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.J.R. No. 47 By: Wentworth
1-8 SENATE JOINT RESOLUTION
1-9 proposing a constitutional amendment to authorize the voters of
1-10 certain counties and certain political subdivisions to create a
1-11 consolidated county government by adopting a charter restructuring
1-12 the county government and consolidating the political subdivisions.
1-13 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Article III, Texas Constitution, is amended by
1-15 adding Section 64A to read as follows:
1-16 Sec. 64A. (a) This section applies only to the counties of
1-17 Bandera, Bee, Bexar, Gillespie, Guadalupe, Kendall, Kerr, Midland,
1-18 Nueces, Tom Green, and Travis.
1-19 (b) A county and certain political subdivisions may adopt a
1-20 charter to restructure the government of the county into a single
1-21 consolidated county government under the provisions of this section
1-22 regardless of any other provision of this constitution.
1-23 (c) The charter may consolidate with the county government
1-24 the governments of any municipality, special district or authority,
1-25 or other political subdivision, other than a school district, into
1-26 a single consolidated county government if:
1-27 (1) all or the largest part of the area of a
1-28 municipality, special district or authority, or other political
1-29 subdivision to be consolidated is located in the county; and
1-30 (2) the consolidated county government is to contain
1-31 the most populous municipality having all or the largest part of
1-32 its area in the county.
1-33 (d) The powers and duties of a consolidated county
1-34 government are the cumulative powers and duties of the political
1-35 subdivisions that are consolidated and any additional powers
1-36 granted by this constitution or general law, except that a
1-37 consolidated county government may not enact a zoning ordinance or
1-38 order in any area other than in an area in which a municipality may
1-39 enact a zoning ordinance.
1-40 (e) Except for a constitutional provision expressly applying
1-41 to a consolidated county government, the charter controls on an
1-42 issue relating to the structure, powers, duties, or governance of
1-43 the consolidated county government.
1-44 (f) A charter adopted under this section must:
1-45 (1) transfer to the consolidated county government all
1-46 of the powers, duties, responsibilities, rights, privileges,
1-47 assets, obligations, and liabilities of the county and any
1-48 consolidated municipality, special district or authority, or other
1-49 political subdivision; and
1-50 (2) provide for the levy of ad valorem taxes in the
1-51 area of the consolidated county government that are graduated by
1-52 area based on the level of services provided to the area by the
1-53 consolidated county government.
1-54 (g) If a consolidated municipality, special district or
1-55 authority, or other political subdivision is located in more than
1-56 one county or has extraterritorial jurisdiction in more than one
1-57 county, the consolidated county government's powers and duties
1-58 outside the consolidated county area are limited to those powers
1-59 that the political subdivision would have in the absence of the
1-60 consolidation.
1-61 (h) A charter adopted under this section may:
1-62 (1) consolidate, modify, or abolish the office,
1-63 powers, duties, or elected status of a county official that is
1-64 established by another section of this constitution, if the charter
1-65 otherwise continues all of the established functions of county
1-66 government;
1-67 (2) modify the size and structure of the governing
1-68 body of the county;
2-1 (3) grant the governing body of the consolidated
2-2 county government any power that is not inconsistent with this
2-3 constitution or general law; and
2-4 (4) provide for the levy of any tax in the area of the
2-5 consolidated county government, in addition to the ad valorem tax,
2-6 that is graduated by area based on the level of services provided
2-7 to the area by the consolidated government.
2-8 (i) A charter commission to draft a charter may be appointed
2-9 by the commissioners court of the county at any time. A charter
2-10 commission to draft a charter shall be appointed by the
2-11 commissioners court if petitioned under Subsection (j) of this
2-12 section to do so. The number of members of the charter commission
2-13 shall be determined by the commissioners court, provided that the
2-14 total number of members is not less than seven nor more than 17.
2-15 (j) A petition for the commissioners court to appoint a
2-16 charter commission must:
2-17 (1) be filed with the office of county clerk;
2-18 (2) be signed by registered voters of the county equal
2-19 to at least 10 percent of the number of votes received for governor
2-20 in the county in the most recent gubernatorial election; and
2-21 (3) comply with the applicable requirements of general
2-22 law relating to a petition authorized or required to be filed in
2-23 connection with an election.
2-24 (k) Within 30 days after the date the petition is filed with
2-25 the county clerk, the clerk shall determine whether the petition
2-26 meets the requirements of Subsection (j) of this section and shall
2-27 certify in writing to the commissioners court whether the petition
2-28 is valid or invalid.
2-29 (l) If the county clerk certifies that the petition is
2-30 valid, the commissioners court shall appoint a charter commission
2-31 within 60 days after the date the commissioners court receives the
2-32 clerk's certification. If the petition is certified as invalid,
2-33 the clerk shall state the reason for that determination. A person
2-34 circulating the petition has 60 days after the date of
2-35 certification to submit additional petitions or signatures to cure
2-36 the determination of a deficiency.
2-37 (m) The charter commission shall be appointed by the
2-38 commissioners court after notice of the court's intent to make the
2-39 appointments is given to the governing body of each municipality
2-40 having any area in the county. The notice to the governing body of
2-41 the most populous municipality in the county shall specify the
2-42 number of members who are to be appointed to represent that
2-43 municipality on the commission under Subsection (n) of this
2-44 section.
2-45 (n) The charter commission must include a number of members
2-46 from the most populous municipality that is at least in the same
2-47 ratio to the total membership of the commission as the ratio of the
2-48 municipality's population to the total population of the county.
2-49 The members of the commission appointed under this subsection are
2-50 selected by the governing body of the municipality. If the
2-51 governing body of the municipality fails to select members within
2-52 30 days after the date of receiving notice of the commissioners
2-53 court's intent to appoint a charter commission, the commissioners
2-54 court shall appoint a proportionate number of residents of that
2-55 municipality. The membership of the charter commission must be
2-56 pre-cleared by the United States Department of Justice.
2-57 (o) The charter commission also must include reasonable
2-58 representation of the population of other incorporated areas within
2-59 the county and of the unincorporated areas of the county.
2-60 (p) A charter shall be prepared by the charter commission.
2-61 The charter commission shall file its proposed charter with the
2-62 commissioners court on or before the second anniversary of the date
2-63 the first appointment to the commission is made. On the filing of
2-64 the proposed charter with the commissioners court, the charter
2-65 commission is abolished.
2-66 (q) The commissioners court by order shall call an election
2-67 to approve the proposed charter on the first authorized uniform
2-68 election date prescribed by general law after the date the proposed
2-69 charter is filed with the commissioners court and that allows
2-70 sufficient time to comply with applicable requirements of general
3-1 law.
3-2 (r) The adoption of the charter must be approved in the
3-3 election by:
3-4 (1) a majority of the votes received from the voters
3-5 of the county; and
3-6 (2) a majority of the votes received from the voters
3-7 of the most populous municipality.
3-8 (s) A municipality other than the most populous
3-9 municipality, a special district or authority, or another political
3-10 subdivision is made a part of the initial consolidation or a later
3-11 consolidation only if a majority of the votes received at the
3-12 election from the voters of that political subdivision favor the
3-13 consolidation.
3-14 (t) Following the adoption of a charter, a consolidated
3-15 county government may later consolidate additional municipalities,
3-16 special districts or authorities, or other political subdivisions
3-17 if:
3-18 (1) the consolidated county government follows the
3-19 conditions of the charter, if any, for additional consolidation;
3-20 and
3-21 (2) the majority of the votes received from the voters
3-22 of the municipality, special district or authority, or political
3-23 subdivision approve, at an election, the additional consolidation.
3-24 (u) The adoption of a charter does not:
3-25 (1) alter the collective bargaining status of the
3-26 employees of the former political subdivision; or
3-27 (2) impair the interests of holders of bonded
3-28 indebtedness of the county or of any former political subdivision.
3-29 (v) Following the adoption of a charter where the police
3-30 officers of the former political subdivision are covered by a
3-31 collective bargaining agreement, all deputy sheriffs who perform
3-32 the duties of a peace officer and the peace officers of the former
3-33 political subdivision not covered by the bargaining agreement shall
3-34 be placed in the existing police officers bargaining unit.
3-35 (w) Following the adoption of a charter where the police
3-36 officers of the former political subdivision and the deputy
3-37 sheriffs and detention officers of the county are covered by
3-38 separate collective bargaining agreements, the consolidated county
3-39 government shall negotiate with the exclusive bargaining agents for
3-40 the police officers, deputy sheriffs, and detention officers if the
3-41 consolidated county government wants the agreements covering the
3-42 employees to be merged into one agreement.
3-43 (x) Following the adoption of a charter, the consolidated
3-44 government shall not be prohibited from meeting and conferring with
3-45 employee associations who have been selected as the sole and
3-46 exclusive agent of the affected employees over wages, hours of
3-47 work, and other terms of employment. Any memorandum of
3-48 understanding ratified by the consolidated government and the
3-49 employee association shall be binding on the consolidated
3-50 government, the employee association, and the affected employees.
3-51 SECTION 2. This proposed constitutional amendment shall be
3-52 submitted to the voters at an election to be held on November 7,
3-53 1995. The ballot shall be printed to permit voting for or against
3-54 the proposition: "The constitutional amendment to permit the
3-55 voters of certain counties and political subdivisions in the
3-56 counties to create a more efficient, effective, accountable, and
3-57 responsive local government by adopting a charter restructuring the
3-58 county government and consolidating the political subdivisions."
3-59 * * * * *