SRC-HRD S.J.R. 40 75(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 40
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 merged government. 

PURPOSE

As proposed, S.J.R. 40 requires submission to the voters of a
constitutional amendment to authorize the voters of Bexar County and
certain political subdivisions to create a consolidated county government
by adopting a charter restructuring the county government and consolidated
political subdivisions. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article III, Texas Constitution, by adding Section 64A,
as follows: 

Sec. 64A. (a) Authorizes Bexar County, notwithstanding any other
provisions of this constitution, to adopt a charter to restructure the
county government as a consolidated citycounty government under the
provisions of this section. 

(b) Sets forth requirements and authorizations regarding consolidation for
a charter adopted under this section.   

(c)  Sets forth requirements regarding the transfer of powers, duties,
responsibilities, rights, privileges, assets, obligations, and liabilities
of the county and any consolidated municipality, special district or
authority, or other political subdivision, to the consolidated city-county
government. 

(d)  Sets forth provisions regarding the powers and duties of a
consolidated city-county government. 

(e) Provides that except for a constitutional or statutory provision
expressly applying to a consolidated city-county government, the charter
controls on an issue relating to the structure, powers, duties, or
governance of the consolidated city-county government. 

(f)  Sets forth provisions applicable if any portion of a consolidated
municipality, special district or authority, or other political
subdivision is located outside Bexar County or has extraterritorial
jurisdiction outside Bexar County.   

(g)  Sets forth authorizations regarding a charter adopted under this
section. 

(h) Requires the legislature, by special act or general law, to establish
procedures for the appointment of a charter commission and for the
adoption of a charter under this section. Sets forth additional
authorizations for the legislature. 
 
SECTION 2. Requires the proposed constitutional amendment to be submitted
to the voters at an election to be held November 4, 1997.  Sets forth
required language for the ballot.