By Shields H.B. No. 3423 75R7464 CAG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a consolidated municipal-county 1-3 government in Bexar County. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle E, Title 2, Local Government Code, is 1-6 amended by adding Chapter 63 to read as follows: 1-7 CHAPTER 63. MUNICIPAL-COUNTY CONSOLIDATION 1-8 Sec. 63.001. APPOINTMENT OF CHARTER COMMISSION. (a) The 1-9 Commissioners Court of Bexar County: 1-10 (1) may appoint at any time a charter commission to 1-11 draft a charter consolidating political subdivisions under Section 1-12 64A, Article III, Texas Constitution; or 1-13 (2) shall appoint a charter commission to draft the 1-14 charter if the court is petitioned to do so under Section 63.002. 1-15 (b) The number of members of the charter commission shall be 1-16 determined by the commissioners court but may not be less than 21 1-17 members or more than 27 members. 1-18 Sec. 63.002. PETITION. A petition for the commissioners 1-19 court to appoint a charter commission must: 1-20 (1) be filed with the office of the county clerk of 1-21 Bexar County; 1-22 (2) be signed by a number of registered voters of 1-23 Bexar County at least equal to 10 percent of the number of votes 1-24 received for governor in the county in the most recent 2-1 gubernatorial election; and 2-2 (3) comply with the applicable requirements of general 2-3 law relating to a petition authorized or required to be filed in 2-4 connection with an election. 2-5 Sec. 63.003. VERIFICATION OF PETITION. (a) Within 30 days 2-6 after the date the petition is filed with the county clerk, the 2-7 clerk shall determine whether the petition meets the requirements 2-8 of Section 63.002 and shall certify in writing to the commissioners 2-9 court whether the petition is valid or invalid. 2-10 (b) If the county clerk certifies that the petition is 2-11 valid, the commissioners court shall appoint a charter commission 2-12 within 120 days after the date the commissioners court receives the 2-13 clerk's certification. 2-14 (c) If the petition is certified as invalid, the county 2-15 clerk shall state the reason for that determination. A person 2-16 circulating the petition has 60 days after the date of 2-17 certification to submit additional petitions or signatures to cure 2-18 the determination of a deficiency, and the clerk, not later than 2-19 the 21st day after the filing of the additional petitions or 2-20 signatures, shall determine whether the additional petitions or 2-21 signatures are sufficient to cure the deficiency and shall certify 2-22 that determination to the commissioners court. 2-23 Sec. 63.004. NOTIFICATION OF OTHER POLITICAL SUBDIVISIONS. 2-24 Not later than the 30th day after the date the commissioners court 2-25 receives a determination under Section 63.003(b) or after the 2-26 commissioners court decides to appoint a charter commission without 2-27 a petition under Section 63.001(a)(1), the commissioners court 3-1 shall give notice to the governing body of each municipality having 3-2 any portion of its area in Bexar County of the court's intention to 3-3 appoint a charter commission. The notice to the governing body of 3-4 San Antonio must specify the number of charter commission members 3-5 who are to be appointed to represent San Antonio on the charter 3-6 commission under Section 63.005. 3-7 Sec. 63.005. COMMISSION COMPOSITION. (a) The charter 3-8 commission must include a number of members from San Antonio that 3-9 is at least in the same ratio to the total membership of the 3-10 commission as the ratio of San Antonio's population to the total 3-11 population of Bexar County. The members of the commission 3-12 appointed under this subsection are appointed by the governing body 3-13 of San Antonio. If the governing body of San Antonio fails to 3-14 appoint members within 60 days after the date of receiving notice 3-15 of the commissioners court's intent to appoint a charter 3-16 commission, the commissioners court shall appoint the proportionate 3-17 number of residents of San Antonio to the commission. 3-18 (b) The charter commission also must include reasonable 3-19 representation of the population of other incorporated areas within 3-20 Bexar County and of the unincorporated areas of Bexar County. 3-21 (c) The membership of the charter commission must reasonably 3-22 reflect the ethnic distribution of the population of: 3-23 (1) San Antonio; and 3-24 (2) the remainder of Bexar County. 3-25 Sec. 63.006. PREPARATION OF CHARTER. (a) The charter 3-26 commission shall prepare the charter. The charter commission shall 3-27 file its proposed charter with the commissioners court on or before 4-1 the second anniversary of the date the first appointment to the 4-2 commission is made. 4-3 (b) When the proposed charter is filed with the 4-4 commissioners court, the commissioners court shall submit the 4-5 charter to the United States Department of Justice for preclearance 4-6 under the federal Voting Rights Act (42 U.S.C. Section 1973c et 4-7 seq.), as amended. If the requirement for preclearance under the 4-8 Voting Rights Act is not applicable to the proposed charter, the 4-9 commissioners court shall submit the charter to the attorney 4-10 general. The attorney general shall determine whether the adoption 4-11 of the proposed charter would result in any retrogression in the 4-12 effective voting strength of minority populations in the county, 4-13 under standards or analysis similar to the standards or analysis 4-14 applied to proposed local government charters under the federal 4-15 Voting Rights Act. 4-16 (c) If the proposed charter is precleared or the attorney 4-17 general determines that no retrogression would occur, the 4-18 commissioners court by order shall call an election to approve the 4-19 proposed charter on the first authorized uniform election date 4-20 prescribed by general law after the date the proposed charter is 4-21 filed with the commissioners court and that allows sufficient time 4-22 to comply with applicable requirements of general law. 4-23 (d) On the date of the election called by the commissioners 4-24 court under Subsection (c), the charter commission is dissolved. 4-25 Sec. 63.007. ADOPTION OF CHARTER. (a) The adoption of the 4-26 charter must be initially approved at the election by a majority of 4-27 the votes received from the voters of Bexar County. 5-1 (b) On the next authorized uniform election date prescribed 5-2 by general law after the date the proposed charter is approved 5-3 under Subsection (a) and that allows sufficient time to comply with 5-4 applicable requirements of general law, the governing body of each 5-5 municipality, other than San Antonio, having all or the largest 5-6 portion of the municipality's area in Bexar County shall call an 5-7 election on the question of whether the municipality shall be 5-8 consolidated into the consolidated municipal-county government. 5-9 (c) If a majority of the votes received at an election under 5-10 Subsection (b) favor the consolidation, the municipality shall be 5-11 consolidated into the consolidated municipal-county government 5-12 under the terms of the charter. 5-13 (d) If a majority of the votes received at an election under 5-14 Subsection (b) do not favor the consolidation, the municipality 5-15 shall continue to exist and function as a municipality located in 5-16 the consolidated municipal-county area according to the terms of 5-17 the municipality's charter or, if the municipality does not have a 5-18 charter, according to the terms of general law. 5-19 (e) Following the adoption of a charter and the initial 5-20 election on consolidation of municipalities under Subsection (c), 5-21 the consolidated municipal-county government may later consolidate 5-22 additional municipalities, special districts or authorities, or 5-23 other political subdivisions if: 5-24 (1) the consolidated municipal-county government 5-25 follows the conditions of the charter, if any, for additional 5-26 consolidation; and 5-27 (2) the majority of the votes received from the voters 6-1 of the municipality, special district or authority, or political 6-2 subdivision approve, at an election, the additional consolidation. 6-3 Sec. 63.008. GOVERNING BODY OF CONSOLIDATED GOVERNMENT. (a) 6-4 A charter adopted under this section shall provide for a governing 6-5 body that consists of: 6-6 (1) a presiding officer elected at large; 6-7 (2) four members elected from single-member districts 6-8 that when placed together encompass the entire territory of the 6-9 consolidated municipal-county government; and 6-10 (3) a number of members elected from single-member 6-11 districts that when placed together encompass the territory of the 6-12 consolidated municipal-county government, excluding any 6-13 unconsolidated municipalities. 6-14 (b) The number of districts adopted under Subsection (a)(3) 6-15 must be sufficient to ensure that, in the first election following 6-16 the consolidation, the average population of each district is less 6-17 than the average population of a single-member district of the 6-18 governing body of San Antonio preceding the date of the 6-19 consolidation. 6-20 Sec. 63.009. SERVICE DISTRICTS. (a) The charter shall 6-21 divide the area in the consolidated municipal-county government 6-22 into service districts for the purpose of taxation and the 6-23 provision of services. 6-24 (b) One district shall encompass the entire territory of 6-25 Bexar County before the date of consolidation. In this district, 6-26 the services that the consolidated municipal-county government 6-27 provides on an equal basis throughout the district shall be 7-1 financed by the levy of ad valorem taxes or other taxes or revenues 7-2 that are uniform throughout the district. This district shall be 7-3 called the county service district. 7-4 (c) One district shall encompass the entire territory of San 7-5 Antonio before the date of the consolidation. The district may be 7-6 expanded to coincide with the growth of urbanized areas as 7-7 provided by the charter. In this district, the incremental services 7-8 provided by the consolidated municipal-county government, in 7-9 addition to services provided by the county service district or at 7-10 a higher level than the services provided by the county service 7-11 district, shall be financed by an additional levy of ad valorem 7-12 taxes or by the imposition of additional taxes or revenues raised 7-13 solely in the district. The district shall be known as the urban 7-14 service district. 7-15 (d) One district shall encompass any territory of the 7-16 consolidated municipal-county government. In this district, 7-17 incremental services provided by the consolidated municipal-county 7-18 government shall be financed by the additional levy of ad valorem 7-19 taxes or by additional taxes or revenues raised solely in the 7-20 district. The district shall be known as the general services 7-21 district. 7-22 (e) If a municipality is unconsolidated after the adoption 7-23 of the charter and later becomes consolidated, the municipality may 7-24 be added to the urban service district or a separate urban service 7-25 district, as provided by the charter. 7-26 Sec. 63.010. AD VALOREM TAXES. The charter shall provide 7-27 that an ad valorem tax levied for debt service of the general 8-1 obligation debt that was authorized or issued by any consolidated 8-2 municipality, any special district or authority, or any other 8-3 political subdivision that is a part of the consolidated 8-4 municipal-county government shall continue to be levied: 8-5 (1) only in the area of the urban service district 8-6 that replaces the consolidated municipality; and 8-7 (2) only in the area of the special district or 8-8 authority or the political subdivision that is consolidated. 8-9 Sec. 63.011. CONSOLIDATION OF EMPLOYEES. The charter shall 8-10 provide that every employee, other than elected officials, of the 8-11 county or a municipality, special district or authority, or other 8-12 political subdivision that is part of the consolidated 8-13 municipal-county government and whose position is eliminated or 8-14 abolished as a result of the consolidation or within two years 8-15 after the date of the adoption of the charter, by a reduction in 8-16 force or by administrative reorganization, must be offered 8-17 alternative employment by the consolidated municipal-county 8-18 government at a salary equal to the salary of the abolished 8-19 position and with substantially equal employee or retirement 8-20 benefits. 8-21 Sec. 63.012. RETIREMENT BENEFITS. (a) The charter shall 8-22 provide for the continuation of a pension fund or the retirement 8-23 system contributions by both the consolidated municipal-county 8-24 government and the employees of the consolidated municipal-county 8-25 government that would have been made by the former county 8-26 government or the municipalities, special districts or authorities, 8-27 or other political subdivisions before the adoption of the charter. 9-1 (b) Employees of the consolidated municipal-county 9-2 government hired after the adoption of the charter shall be placed 9-3 in an appropriate pension fund or retirement system. 9-4 Sec. 63.013. COLLECTIVE BARGAINING. The charter may not 9-5 diminish the right of employees of the consolidated 9-6 municipal-county government to organize, to meet and confer, and to 9-7 bargain collectively with the officials of the consolidated 9-8 municipal-county government over wages, hours of work, and other 9-9 terms of employment as provided by state law. 9-10 Sec. 63.014. ANNEXATION. (a) The charter shall, within 9-11 Bexar County, establish procedures for the progressive territorial 9-12 expansion of the urban service district to reflect the growth of 9-13 the urbanized area. 9-14 (b) In areas outside Bexar County, the urban service 9-15 district may take any action that a municipality having the same 9-16 size and population of the urban service district may take to annex 9-17 territory, extend the district's extraterritorial jurisdiction, or 9-18 to alter the boundaries of the district under this code. 9-19 (c) The extraterritorial jurisdiction located in Bexar 9-20 County of a municipality that is not consolidated under this 9-21 chapter may not be expanded. 9-22 SECTION 2. This Act takes effect on the date on which the 9-23 constitutional amendment proposed by the 75th Legislature, Regular 9-24 Session, 1997, adding Section 64A to Article III of the Texas 9-25 Constitution and providing for the consolidation of the government 9-26 of Bexar County and local governments in Bexar County takes effect. 9-27 If that amendment is not approved by the voters, this Act has no 10-1 effect. 10-2 SECTION 3. The importance of this legislation and the 10-3 crowded condition of the calendars in both houses create an 10-4 emergency and an imperative public necessity that the 10-5 constitutional rule requiring bills to be read on three several 10-6 days in each house be suspended, and this rule is hereby suspended.