SRC-PNG C.S.S.J.R. 4 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.J.R. 4
76R14305 CAG-DBy: Madla
Intergovernmental Relations
5/5/1999
Committee Report (Substituted - REVISED)


DIGEST 

Currently, the Texas Constitution does not contain provisions empowering El
Paso County to adopt a charter which would permit consolidation with other
political entities into a single merged governmental entities.  This
legislation requires the submission to the voters of a constitutional
amendment to allow El Paso County to adopt a charter that restructures and
empowers the county government and allows the integration of the county
government with certain political subdivisions located, in whole or in
part, in the county. 

PURPOSE

As proposed, C.S.S.J.R. 4 requires the submission to the voters of  a
constitutional amendment to allow El Paso County to adopt a charter that
restructures and empowers the county government and allows the integration
of the county government with certain political subdivisions located, in
whole or in part, in the county. 

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 the voters of El Paso County to adopt a county
charter to consolidate the governments of the county.  Authorizes the
county charter to integrate the county government with other local
political subdivisions allowed under this section. 

(b) Authorizes a charter to provide for the restructuring of the county
government into a single merged government. 

(c) Provides that the abolition of an office of an elected county official
is effective upon a certain date. 

(d) Requires a charter adopted under this section to integrate the county
government and the government of each municipality located completely in
the county.  Authorizes the charter to integrate into a consolidated
government a special district or authority, or any other political
subdivision other than a school district if more than one-half the area of
the political subdivision to be integrated is located in the county. 

(e) Sets forth the powers and duties of a county that adopts a charter
under this section. 

(f) Provides that if a charter integrates the county with other local
political subdivisions under Subsection (d), the powers and duties of the
integrated county government are also the cumulative powers and duties of
the integrated political subdivisions.  Prohibits an adopted charter from
diminishing the powers, duties, and functions of a municipality that is not
integrated with the county. 

(g) Requires the charter, if it integrates the county with other political
subdivisions, to  transfer to the county all the powers, duties,
responsibilities, rights, privileges, assets, obligations, and liabilities
of the integrated municipality, special district or authority, or other
political subdivision. 

(h) Provides that if a municipality that is integrated into a county has
extraterritorial jurisdiction outside the county, or if any portion of an
integrated political subdivision is located outside the county, the
integrated county government's powers and duties outside the county are
limited to those powers and duties that the integrated political
subdivision would have had in the absence of the governmental integration. 

(i) Requires a charter that integrates the county with other political
subdivisions to establish distinct service districts in the area of the
integrated county government that provide for district taxes that are
graduated by area and based on the level of services provided to the
service district by the integrated county government. 

(j) Establishes that a charter adopted under this section controls on an
issue relating to the structure, powers, duties, functions, or governance
of the county, except for a constitutional or statutory provision expressly
applying to a charter county. 

(k) Requires the legislature, by local law or general law, to establish the
procedures for the appointment or election of a charter commission and for
the adoption of a charter under this section. Authorizes the legislative
action to include any additional guarantees or other provisions that the
legislature considers appropriate to require in a charter to protect
minority voting rights.  Authorizes the legislative action to also include
certain additional provisions. 

SECTION 2. Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot. 


SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 64A(a) to authorize the voters of El Paso County, rather
than Bexar County, to adopt a county charter to consolidate the governments
of the county. 

Amends Section 64A(k), Article III, Texas Constitution, to delete proposed
text requiring the procedures for appointment or election of a charter
commission to include alternative procedures to initiate the creation of a
charter commission by action of the commissioners court, by action of the
governing body of the most populous municipality in the county, or by
petition of residents.