SRC-TNM S.B. 1434 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1434
By: Wentworth
Intergovernmental Relations
4-3-97
As Filed


DIGEST 

Currently, the Texas Constitution does not contain provisions empowering
Bexar County and certain political subdivisions to adopt a charter which
would permit consolidation into a single government. S.B. 1434 would
establish the procedures for appointment of a charter commission and for
adoption of a charter under the provisions of S.J.R. 40. 

PURPOSE

As proposed, S.B. 1434 outlines provisions regarding the creation of a
consolidated municipalcounty government in Bexar County. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioners court under SECTION 1
(Section 63.006(c), Local Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2E, Local Government Code, by adding Chapter 63,
as follows: 

  CHAPTER 63. MUNICIPAL-COUNTY CONSOLIDATION

Sec. 63.001. APPOINTMENT OF CHARTER COMMISSION. Sets forth requirements
and outlines provisions regarding the appointment of a charter commission
(commission) by the commissioners court of Bexar County. 

Sec. 63.002. PETITION. Sets forth requirements for a petition for the
commissioners court to appoint a commission. 

Sec. 63.003. VERIFICATION OF PETITION. Sets forth requirements regarding
the validity of the petition. 

Sec. 63.004. NOTIFICATION OF OTHER POLITICAL SUBDIVISIONS. Requires the
commissioners court to give notice to the governing body of each
municipality having any portion of its area in Bexar County of the court's
intention to appoint a commission not later than the 30th day after the
date the commissioners court receives a determination under Section
63.003(b) or after the commissioners court decides to appoint a commission
without a petition under Section 63.001(a)(1).  Requires the commissioners
court to give notice to the governing body of each municipality in Bexar
County of the court's intention to appoint a commission.  Requires the
notice to the governing body of San Antonio to specify the number of
commission members who are to be appointed to represent San Antonio on the
commission under Section 63.005. 

Sec. 63.005. COMMISSION COMPOSITION. Sets forth requirements regarding the
composition of the commission.  

Sec. 63.006. PREPARATION OF CHARTER. Sets forth requirements regarding the
perpetration of the charter for the commission. 
 
Sec. 63.007. ADOPTION OF CHARTER. Sets forth requirements and outlines
provisions regarding the adopting of a charter for the commission and the
consolidation of the municipality into the consolidated municipal-county
government. 

Sec. 63.008. GOVERNING BODY OF CONSOLIDATED GOVERNMENT. Sets forth the
composition of a governing body for which a charter adopted under this
section is required to provide.   

Sec. 63.009. SERVICE DISTRICTS. Sets forth certain requirements regarding
the establishment of service districts by the charter.  

Sec. 63.010. AD VALOREM TAXES. Requires the charter to provide that an ad
valorem tax levied for debt service of the general obligation debt that
was authorized or issued by any consolidated municipality, any special
district or authority, or any other political subdivision that is a part
of the consolidated municipal-county government to continue to be levied
in certain areas. 

Sec. 63.011. CONSOLIDATION OF EMPLOYEES. Sets forth requirements and
outlines provisions regarding the consolidation of certain employees of
the county or a municipality, special district or authority, or other
political subdivision. 

Sec. 63.012. RETIREMENT BENEFITS. Requires the charter to provide for the
continuation of a pension fund or the retirement system contributions by
both the consolidated municipalcounty government and the employees of the
consolidated municipal-county government that would have been made by the
former county government or the municipalities, special district or
authorities, or other political subdivisions before the adoption of the
charter. Requires employees of the consolidated municipal-county
government hired after the adoption of the charter to be placed in an
appropriate pension fund or retirement system. 

Sec. 63.013. COLLECTIVE BARGAINING. Prohibits the charter from diminishing
the right of employees of the consolidated municipal-county government to
organize, to meet and confer, and to bargain collectively with the
officials of the consolidated municipal-county government over wages,
hours of work, and other terms of employment as provided by state law. 

Sec. 63.014. ANNEXATION. Requires the charter, within Bexar County, to
establish procedures for the progressive territorial expansion of the
urban service district (district) to reflect the growth of the urbanized
area.  Authorizes the district to take any action that a municipality
having the same size and population of the district may take to annex the
territory, extend the district's extraterritorial jurisdiction, or to
alter the boundaries of the district under this code in areas outside of
Bexar County.  Prohibits the extraterritorial jurisdiction located in
Bexar County of a municipality that is not consolidated under this code
from being expanded.   

SECTION 2. Effective date: pending voter approval.

SECTION 3. Emergency clause.