SRC-JXG S.B. 464 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 464
76R5650 CAG-DBy: Madla
Intergovernmental Relations
4/13/1999
As Filed


DIGEST 

Currently, the Texas Constitution does not authorize Bexar County and
certain political subdivisions to adopt a charter for consolidation. S.B.
464 would establish the procedures for the appointment of a charter
commission, and would authorize the adoption of a municipal-county
consolidation charter under the provisions of S.J.R. 4. 

PURPOSE

As proposed, S.B. 464 implements and adopts the appointment of a
municipal-county consolidation charter. 

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 Title 3, Local Government Code, by adding Subtitle C, as
follows: 

SUBTITLE C. CHARTER FOR MUNICIPAL-COUNTY CONSOLIDATION

CHAPTER 92. MUNICIPAL-COUNTY CONSOLIDATION IN BEXAR COUNTY

Sec. 92.001. APPOINTMENT OF CHARTER COMMISSION. Requires the Commissioners
Court of Bexar County to appoint a charter commission to draft the charter,
if the commissioners court is petitioned to do so under Section 92.002.
Requires the number of members of the charter commission to be determined
by the commissioners court and to be in compliance with requirements under
Section 92.005. 

Sec. 92.002. PETITION. Requires a petition for the commissioners court to
appoint a charter commission to meet certain conditions. Requires at least
10 percent of the necessary signatures to be from the voters of each
district that selects a member of the municipality's governing body, in
compiling the necessary signatures under Subsection (a)(3).  

Sec. 92.003. VERIFICATION OF PETITION. Requires the county clerk to
determine whether the petition meets the requirements of Section
92.002(a)(2), and to certify in writing to the commissioners court whether
the petition is valid or invalid within 30 days after the date the petition
is filed with the county clerk. Requires the municipal clerk or secretary
to determine whether the petition meets the requirements of Section
92.002(a)(3) and to certify in writing to the commissioners court whether
the petition is valid or invalid within 30 days after the date the petition
is filed with the county clerk. Requires the commissioners court to appoint
a charter commission within 120 days after the date the commissioners court
receives the certifications, if the county clerk and the municipal clerk or
secretary certify that the petition is valid. Requires the county clerk or
the municipal clerk or secretary to state the reason for that
determination, if the petition is certified as invalid. Provides that a
person circulating the petition has 60 days after the date of certification
to submit additional petitions or signatures to cure the determination of a
deficiency, and the appropriate clerk or secretary, no later than the 21st
day after the filing of the additional petitions or signatures,  to
determine whether the additional petitions or signatures are sufficient to
cure the deficiency and to certify that determination to the commissioners
court. 

Sec. 92.004. 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 charter commission, no later than the 30th day after
the date the commissioners court receives the certification under Section
92.003(c). Requires that the notice to the governing body of San Antonio
specify the number of charter commission members who are to be appointed to
represent San Antonio on the charter commission under Section 92.005. 

Sec. 92.005. COMMISSION COMPOSITION. Requires the commission to include the
same number of members from San Antonio and from the unincorporated areas
of Bexar County. Requires each district that selects a member of the
municipality's governing body to have the same number of persons appointed
to the commission. Requires each precinct that selects a member of the
commissioners court to have the same number of persons appointed to the
commission to represent the unincorporated areas of Bexar County. Provides
that members of the charter commission representing San Antonio are
appointed by the governing body of San Antonio. Requires the commissioners
court to appoint the appropriate number of residents of San Antonio to the
commission, if the governing body of San Antonio fails to appoint members
within 60 days after the date of receiving notice of the commissioners
court's intent to appoint a charter commission. Requires the charter
commission to also include reasonable representation of the population of
other incorporated areas within Bexar County. 

Sec. 92.006. PREPARATION OF CHARTER. Requires the charter commission to
prepare the charter. Requires the charter commission to file its proposed
charter with the commissioners court on or before the second anniversary of
the date the first appointment to the commission is made. Requires the
commissioners court to submit the charter to the United States Department
of Justice for preclearance under the federal Voting Rights Act (42 U.S.C.
Section 1973c et seq.), as amended, when the proposed charter is filed with
the commissioners court. Requires the commissioners court to submit the
charter to the attorney general, if the requirement for preclearance under
the Voting Rights Act is not applicable to the proposed charter. Requires
the attorney general to determine whether the adoption of the proposed
charter would result in any retrogression in the effective voting strength
of minority populations in the county, under standards or analysis similar
to the standards or analysis applied to proposed local government charters
under the federal Voting Rights Act. Requires the commissioners court by
order and the governing body of San Antonio by resolution to jointly call
an election to approve the proposed charter on the first authorized uniform
election date prescribed by general law after the date the proposed charter
is filed with the commissioners court and that allows sufficient time to
comply with applicable requirements of general law, if the proposed charter
is precleared or the attorney general determines that no retrogression
would occur. Provides that on the date of the election called under
Subsection (c), the charter commission is dissolved. Requires the
commissioners court and the governing body of San Antonio to publish in
each newspaper of general circulation published in Bexar County a public
notice, no later than the seventh day and no earlier than the 10th day
before the first day of voting on the adoption of the charter under Section
92.007. Requires the notice to contain certain items.  

Sec. 92.007. ADOPTION OF CHARTER. Requires the adoption of the charter to
be initially approved at the election by a majority of the votes received
from the voters of Bexar County. Provides that the consolidated
municipal-county government is established under the terms of the charter,
if a majority of the votes received at an election under Subsection (a)
favor consolidation.  

Sec. 92.008. GOVERNING BODY OF CONSOLIDATED GOVERNMENT. Requires a charter
adopted under this section to provide for a governing body that consists of
certain members. Requires the number of districts adopted under Subsection
(a)(3) to be sufficient to ensure that, in the first election following the
consolidation, the average population of each  district is less than the
average population of a single-member district of the governing body of San
Antonio preceding the date of the consolidation, and to provide for equal
representation from both incorporated and unincorporated areas of the
county.  

Sec. 92.009. SERVICE DISTRICTS. Requires the charter to provide that the
consolidated municipal-county government provides equal services, and to
establish and charge taxes that are uniform throughout the consolidated
municipal-county government.  

Sec. 92.010. 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 by the
consolidated government. 

Sec. 92.011. CONSOLIDATION OF EMPLOYEES. Requires the charter to provide
that every employee, other than elected officials, of the county or a
municipality, special district or authority, or other political subdivision
that is part of the consolidated municipal-county government and whose
position is eliminated or abolished as a result of the consolidation or
within two years after the date of the adoption of the charter, by a
reduction in force or by administrative reorganization, to be offered
alternative employment by the consolidated municipal-county government at a
salary equal to the salary of the abolished position and with substantially
equal employee or retirement benefits. Requires any employee whose position
is eliminated or abolished and who would have been eligible to retire no
later than the fifth year after the abolition or elimination of the
position to be offered an early retirement package equal to the benefits
that would have been received on attaining full retirement benefits.
Provides that an employee has three months to decide to accept an offer of
alternative employment or the early retirement package. 

 Sec. 92.012. RETIREMENT BENEFITS. Requires the charter to provide for the
continuation  
of a pension fund or the retirement system contributions of a pension fund
or the retirement system contributions by both the consolidated
municipal-county government and the employees of the consolidated
municipal-county government that would have been made by the former county
government or the municipalities, special districts 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. 92.013. 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. 92.014. ANNEXATION. Requires the charter, within Bexar County, to
establish procedures for the progressive territorial expansion of the
consolidated government to reflect the growth of the urbanized area of the
consolidated government. Prohibits the boundaries of the consolidated
municipal-county government from extending beyond the boundaries of Bexar
County as those boundaries exist on the day before the effective date of
the consolidated municipal-county charter. 

SECTION 2. Effective date: the date on which the constitutional amendment
proposed by the 76th Legislature, Regular Session, 1999, that provides for
the consolidation of county government and local governments, takes effect.
Provides that this Act has no effect, if that amendment is not approved by
the voters. 

SECTION 3. Emergency clause.