By Wentworth                                    S.B. No. 1434

      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.