By Wentworth                                    S.J.R. No. 40

      75R7465 CAG-F                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment to authorize the voters of

 1-2     Bexar County and certain political subdivisions located, in whole

 1-3     or in part, in Bexar County to create a consolidated city-county

 1-4     government by adopting a charter restructuring and consolidating

 1-5     political subdivisions.

 1-6           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Article III, Texas Constitution, is amended by

 1-8     adding Section 64A to read as follows:

 1-9           Sec. 64A.   (a)  Notwithstanding any other provisions of this

1-10     constitution, Bexar County may adopt a charter to restructure the

1-11     county government as a consolidated city-county government under

1-12     the provisions of this section.

1-13           (b)  A charter adopted under this section must consolidate

1-14     the Bexar County government and the government of the municipality

1-15     of San Antonio into a consolidated city-county government. The

1-16     charter may also consolidate into the consolidated city-county

1-17     government the governments of any other municipality, special

1-18     district or authority, or any other political subdivision, other

1-19     than a school district, if all or the largest portion of the area

1-20     of the political subdivision to be consolidated is located in Bexar

1-21     County.

1-22           (c)  The charter must transfer to the consolidated

1-23     city-county government all the powers, duties, responsibilities,

1-24     rights, privileges, assets, obligations, and liabilities of the

 2-1     county and any consolidated municipality, special district or

 2-2     authority, or other political subdivision.

 2-3           (d)  The powers and duties of a consolidated city-county

 2-4     government are the cumulative powers and duties of  the political

 2-5     subdivisions that are consolidated, any additional powers granted

 2-6     by this constitution or general law, and any powers granted by the

 2-7     charter that are not inconsistent with a constitutional or

 2-8     statutory provision expressly applying to a consolidated

 2-9     city-county government.

2-10           (e)  Except for a constitutional or statutory provision

2-11     expressly applying to a consolidated city-county government, the

2-12     charter controls on an issue relating to the structure, powers,

2-13     duties, or governance of the consolidated city-county government.

2-14           (f)  If any portion of a  consolidated municipality, special

2-15     district or authority, or other political subdivision is located

2-16     outside Bexar County or has extraterritorial jurisdiction outside

2-17     Bexar County, the consolidated city-county government's powers and

2-18     duties outside Bexar County are limited to those powers that the

2-19     consolidated political subdivision would have in the absence of the

2-20     consolidation.

2-21           (g)  A charter adopted under this section may:

2-22                 (1)  consolidate, modify, or abolish the office,

2-23     powers, duties, or elected status of a county official that is

2-24     established by another section of this constitution, if the charter

2-25     otherwise continues all of the established functions of county

2-26     government; and

2-27                 (2)  establish distinct service districts in the

 3-1     consolidated city-county government that provide for district taxes

 3-2     that are graduated by area and based on the level of services

 3-3     provided to the service district by the consolidated city-county

 3-4     government.

 3-5           (h)  The legislature, by special act or general law, shall

 3-6     establish the procedures for the appointment of a charter

 3-7     commission and for the adoption of a charter under this section.

 3-8     The legislature may also include any additional guarantees or other

 3-9     provisions that it considers appropriate to require in a charter

3-10     and may include any provisions necessary to coordinate the charter

3-11     with the law governing annexation.

3-12           SECTION 2.  The proposed constitutional amendment shall be

3-13     submitted to the voters at an election to be held November  4,

3-14     1997.  The ballot shall be printed to permit voting for or against

3-15     the proposition:  "The constitutional amendment to permit the

3-16     voters of Bexar County and certain political subdivisions located,

3-17     in whole or in part, in Bexar County to create a more accountable,

3-18     responsive, efficient, and effective local government by adopting a

3-19     charter restructuring the county government and consolidating the

3-20     political subdivisions."