By Puente H.B. No. 1756
76R4005 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of a county charter by Bexar County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 3, Local Government Code, is amended by
1-5 adding Subtitle C to read as follows:
1-6 SUBTITLE C. COUNTY CHARTER
1-7 CHAPTER 92. COUNTY CHARTER IN BEXAR COUNTY
1-8 Sec. 92.001. APPOINTMENT OF CHARTER COMMISSION BY
1-9 COMMISSIONERS COURT. (a) The Commissioners Court of Bexar County
1-10 may at any time appoint the members of a commission to draft a
1-11 charter under Section 64A, Article III, Texas Constitution. The
1-12 appointed members shall represent:
1-13 (1) the unincorporated area of Bexar County; and
1-14 (2) municipalities, other than San Antonio, located
1-15 partly or wholly in Bexar County.
1-16 (b) If the Commissioners Court of Bexar County is notified
1-17 of the intention of the governing body of San Antonio to appoint a
1-18 charter commission under Section 92.002 (a) or if the commissioners
1-19 court is petitioned to appoint a charter commission under Section
1-20 92.003, the Commissioners Court of Bexar County shall appoint the
1-21 members of a commission to draft a charter. The appointed members
1-22 shall represent:
1-23 (1) the unincorporated area of Bexar County; and
1-24 (2) municipalities, other than San Antonio, located
2-1 partly or wholly in Bexar County.
2-2 Sec. 92.002. APPOINTMENT OF CHARTER COMMISSION BY SAN
2-3 ANTONIO GOVERNING BODY. (a) The governing body of San Antonio may
2-4 at any time appoint the members representing San Antonio on a
2-5 commission to draft a charter for Bexar County under Section 64A,
2-6 Article III, Texas Constitution.
2-7 (b) The governing body of San Antonio shall appoint the
2-8 members representing San Antonio on a commission to draft a charter
2-9 for Bexar County if the governing body is notified of the
2-10 commissioners court's intention to appoint a charter commission
2-11 under Section 92.001(a) or 92.004(b).
2-12 Sec. 92.003. INITIATION OF CHARTER PROCESS BY PETITION. A
2-13 petition for the appointment of a charter commission must:
2-14 (1) be filed with the office of the county clerk of
2-15 Bexar County;
2-16 (2) be signed by a number of registered voters of
2-17 Bexar County at least equal to 10 percent of the number of votes
2-18 received for governor in the county in the most recent
2-19 gubernatorial election; and
2-20 (3) comply with the applicable requirements of general
2-21 law relating to a petition authorized or required to be filed in
2-22 connection with an election.
2-23 Sec. 92.004. VERIFICATION OF PETITION. (a) Not later than
2-24 the 30th day after the date the petition is filed with the county
2-25 clerk, the clerk shall determine whether the petition meets the
2-26 requirements of Section 92.003 and shall certify in writing to the
2-27 commissioners court whether the petition is valid or invalid.
3-1 (b) If the county clerk certifies that the petition is
3-2 valid, the commissioners court shall make its appointments to a
3-3 charter commission not later than the 120th day after the date the
3-4 commissioners court receives the clerk's certification.
3-5 (c) If the petition is certified as invalid, the county
3-6 clerk shall state the reason for that determination. A person
3-7 circulating the petition has 60 days after the date of
3-8 certification to submit additional petitions or signatures to cure
3-9 the determination of a deficiency, and the clerk, not later than
3-10 the 21st day after the filing of the additional petitions or
3-11 signatures, shall determine whether the additional petitions or
3-12 signatures are sufficient to cure the deficiency and shall certify
3-13 that determination to the commissioners court.
3-14 Sec. 92.005. NOTIFICATION TO POLITICAL SUBDIVISIONS. (a)
3-15 Not later than the 30th day after the date the commissioners court
3-16 is required to appoint a charter commission under Section 92.004(b)
3-17 or after the date the commissioners court decides to appoint a
3-18 charter commission without a petition under Section 92.001(a), the
3-19 commissioners court shall give notice to the governing body of each
3-20 municipality having any portion of its area in Bexar County of the
3-21 commissioners court's intention to appoint a charter commission.
3-22 The notice to the governing body of San Antonio must specify the
3-23 number of commission members who are appointed to represent San
3-24 Antonio on the commission under Section 92.006.
3-25 (b) Not later than the 30th day after the date the governing
3-26 body of San Antonio decides to appoint a charter commission under
3-27 Section 92.002(a), the governing body of San Antonio shall give
4-1 notice to the commissioners court and to the governing body of each
4-2 municipality having any portion of its area in Bexar County of the
4-3 San Antonio governing body's intention to appoint a charter
4-4 commission. The notice to the commissioners court must specify the
4-5 number of commission members who are to be appointed to represent
4-6 other municipalities in Bexar County and the unincorporated area on
4-7 the commission under Section 92.006.
4-8 Sec. 92.006. COMMISSION COMPOSITION. (a) The members of
4-9 the charter commission shall be divided between members appointed
4-10 by the governing body of San Antonio and members appointed by the
4-11 commissioners court, as nearly as possible based on the ratio of
4-12 San Antonio's population in Bexar County to the population of the
4-13 remainder of Bexar County. The total number of members of the
4-14 charter commission shall be determined by the commissioners court
4-15 if the court initiates the appointment of the commission or if the
4-16 court is petitioned to appoint a commission. The total number of
4-17 members of the charter commission shall be determined by the
4-18 governing body of San Antonio if the governing body of San Antonio
4-19 initiates the appointment of the commission.
4-20 (b) If the governing body of San Antonio fails to appoint
4-21 members within 60 days after the date of receiving notice of the
4-22 commissioners court's intent to appoint a charter commission, the
4-23 commissioners court shall appoint the requisite number of residents
4-24 of San Antonio to the commission. If the commissioners court fails
4-25 to appoint members within 60 days after the date of receiving
4-26 notice of the San Antonio governing body's intent to appoint a
4-27 charter commission, the governing body of San Antonio shall appoint
5-1 the requisite number of residents of the unincorporated area and of
5-2 other municipalities in Bexar County to the commission.
5-3 (c) The membership of the charter commission must reasonably
5-4 reflect the ethnic distribution of the population of:
5-5 (1) San Antonio; and
5-6 (2) the remainder of Bexar County.
5-7 (d) The membership of the charter commission, other than the
5-8 members representing San Antonio, must be reasonably balanced
5-9 between residents of other incorporated municipalities in Bexar
5-10 County and residents of the unincorporated area of Bexar County.
5-11 Sec. 92.007. PREPARATION OF CHARTER. (a) The charter
5-12 commission shall prepare the charter. The charter commission shall
5-13 file its proposed charter with the commissioners court on or before
5-14 the second anniversary of the date the first appointment to the
5-15 commission is made.
5-16 (b) When the proposed charter is filed with the
5-17 commissioners court, the commissioners court shall submit the
5-18 charter to the United States Department of Justice for preclearance
5-19 under the federal Voting Rights Act (42 U.S.C. Section 1973c et
5-20 seq.), as amended. If the requirement for preclearance under the
5-21 federal Voting Rights Act is not applicable to the proposed
5-22 charter, the commissioners court shall submit the charter to the
5-23 attorney general. The attorney general shall determine whether the
5-24 adoption of the proposed charter would result in any retrogression
5-25 in the effective voting strength of minority populations in the
5-26 county, under standards and analyses similar to the standards and
5-27 analyses applied to proposed local government charters under the
6-1 federal Voting Rights Act.
6-2 (c) If the proposed charter is precleared or the attorney
6-3 general determines that no retrogression would occur, the
6-4 commissioners court by order shall call an election to approve the
6-5 charter as proposed by the charter commission on the first
6-6 authorized uniform election date prescribed by general law after
6-7 the date the proposed charter is filed with the commissioners court
6-8 that allows sufficient time to comply with applicable requirements
6-9 of general law.
6-10 (d) If the proposed charter is not precleared or the
6-11 attorney general determines that adoption of the proposed charter
6-12 would result in retrogression in the effective voting strength of
6-13 minority populations, the commissioners court shall return the
6-14 charter one time to the charter commission for revision and
6-15 refiling with the commissioners court before the 180th day after
6-16 the date the charter is returned to the commission. If the revised
6-17 proposed charter also is not precleared or the attorney general
6-18 determines that retrogression still would occur, the commissioners
6-19 court shall dissolve the commission. A new charter commission may
6-20 be appointed under Section 92.001(a) or 92.002(a) or as required by
6-21 a petition under Section 92.003.
6-22 (e) On the date of the election called by the commissioners
6-23 court under Subsection (c), the charter commission is dissolved.
6-24 Sec. 92.008. ADOPTION OF CHARTER. (a) The adoption of the
6-25 charter must be initially approved at the election by a majority of
6-26 the votes received from the voters of Bexar County.
6-27 (b) If the charter provides for integration of the county
7-1 with one or more municipalities, the governing body of each
7-2 municipality, other than San Antonio, having more than half of the
7-3 municipality's area in Bexar County shall call an election on the
7-4 question of whether the municipality shall be integrated into the
7-5 integrated county government. The election shall be held on the
7-6 next authorized uniform election date prescribed by general law
7-7 that is after the date the proposed charter is approved under
7-8 Subsection (a) and that allows sufficient time to comply with
7-9 applicable requirements of general law.
7-10 (c) If a majority of the votes received at an election under
7-11 Subsection (b) favor the integration, the municipality shall be
7-12 integrated into the county government under the terms of the
7-13 charter.
7-14 (d) If a majority of the votes received at an election under
7-15 Subsection (b) do not favor the integration, the municipality shall
7-16 continue to exist and function as a municipality located in the
7-17 county area according to the terms of the municipality's charter
7-18 or, if the municipality does not have a charter, according to the
7-19 terms of general law.
7-20 (e) If the charter provides for integration of the county
7-21 with municipalities, the commissioners court shall call an election
7-22 in the portion of the unincorporated area in each commissioners
7-23 precinct on the question of whether that portion of the
7-24 unincorporated area shall be integrated into an urban service
7-25 district. The election shall be held on the next authorized
7-26 uniform election date prescribed by general law that is after the
7-27 date the proposed charter is approved under Subsection (a) and that
8-1 allows sufficient time to comply with applicable requirements of
8-2 general law.
8-3 (f) If a majority of the votes received at an election under
8-4 Subsection (e) favor the integration, the portion of the
8-5 unincorporated area in that commissioners precinct shall be
8-6 integrated into the urban service district under the terms of the
8-7 charter.
8-8 (g) If a majority of the votes received at an election under
8-9 Subsection (e) do not favor the integration, the portion of the
8-10 unincorporated area in that commissioners precinct shall remain
8-11 outside the urban service district, subject to any charter
8-12 provisions on expansion of the urban service district.
8-13 (h) Following the adoption of a charter that provides for
8-14 integration of the county with municipalities and the initial
8-15 election on integration of municipalities under Subsection (c), the
8-16 county may later integrate additional municipalities, special
8-17 districts or authorities, or other political subdivisions if:
8-18 (1) the county follows the conditions of the charter,
8-19 if any, for additional governmental integration; and
8-20 (2) the majority of the votes received from the voters
8-21 of the municipality, special district or authority, or political
8-22 subdivision approve, at an election, the additional integration.
8-23 Sec. 92.009. GOVERNING BODY OF INTEGRATED COUNTY GOVERNMENT.
8-24 (a) In order to protect minority voting rights and ensure equity
8-25 among the voters of an integrated county government, a charter
8-26 adopted under this section that provides for integration of the
8-27 county and municipal governments must provide for a governing body
9-1 that consists of:
9-2 (1) a presiding officer elected at large;
9-3 (2) four members elected from single-member districts
9-4 that when placed together encompass the entire territory of Bexar
9-5 County; and
9-6 (3) a number of members elected from single-member
9-7 districts that when placed together encompass the territory of the
9-8 integrated county government, and that includes the territory
9-9 outside Bexar County of any integrated municipalities and excludes
9-10 the territory of any unintegrated municipalities.
9-11 (b) The number of districts established under Subsection
9-12 (a)(3) must be sufficient to ensure that, in the first election
9-13 following the integration of governments, the average population of
9-14 the districts is no greater than the average population of
9-15 single-member districts of the governing body of San Antonio before
9-16 the date of the integration.
9-17 Sec. 92.010. SERVICE DISTRICTS. (a) In order to ensure
9-18 equity among the taxpayers of an integrated county government, a
9-19 charter that provides for integration of the county and
9-20 municipalities must divide the area in the integrated county
9-21 government into service districts for the purposes of taxation and
9-22 the provision of services.
9-23 (b) One district shall encompass the entire territory of
9-24 Bexar County before the date of the integration of local political
9-25 subdivisions. In this district, the services that the integrated
9-26 county government provides on an equal basis throughout the
9-27 district shall be financed by the levy of ad valorem taxes or other
10-1 taxes or revenues that are uniform throughout the district. This
10-2 district shall be called the county service district.
10-3 (c) One district shall encompass at least the entire
10-4 territory of San Antonio before the date of the integration of
10-5 municipalities. This district may be expanded to coincide with the
10-6 growth of urbanized areas, outside the territory and
10-7 extraterritorial jurisdiction of unintegrated municipalities, as
10-8 provided by the charter. In this district, the incremental
10-9 services provided by the integrated county government, in addition
10-10 to services provided by the county service district or at a higher
10-11 level than the services provided by the county service district,
10-12 shall be financed by an additional levy of ad valorem taxes or by
10-13 the imposition of additional taxes or revenues raised solely in the
10-14 district. This district shall be known as the urban service
10-15 district.
10-16 (d) One district shall encompass both the urban service
10-17 district and all other territory of the integrated county
10-18 government outside of unintegrated municipalities. In this
10-19 district, incremental services provided by the integrated local
10-20 government shall be financed by the additional levy of ad valorem
10-21 taxes or by additional taxes or revenues raised solely in the
10-22 district. This district shall be known as the general services
10-23 district.
10-24 (e) If a municipality other than San Antonio becomes
10-25 integrated into the county government under Section 92.008(c), or
10-26 if a municipality that remains unintegrated in the initial election
10-27 following the adoption of the charter later becomes integrated into
11-1 the county government, the municipality may either be added to the
11-2 urban service district established under Section 92.010(c) or
11-3 become an additional and separate urban service district, as
11-4 provided by the charter.
11-5 Sec. 92.011. AD VALOREM TAXES. In order to ensure equity
11-6 among the taxpayers of an integrated county government, a charter
11-7 that provides for integration of other political subdivisions must
11-8 provide that an ad valorem tax levied for debt service of the
11-9 general obligation debt that was authorized or issued by any
11-10 integrated municipality, any special district or authority, or any
11-11 other political subdivision that is a part of the integrated county
11-12 government shall continue to be levied:
11-13 (1) only in the area of the urban service district
11-14 that replaces the integrated municipality; and
11-15 (2) only in the area of the special district or
11-16 authority or the political subdivision that is integrated.
11-17 Sec. 92.012. CONSOLIDATION OF EMPLOYEES. A charter that
11-18 provides for integration of other political subdivisions must
11-19 provide that every employee, other than an elected official, of the
11-20 county and of every municipality, special district or authority, or
11-21 other political subdivision that becomes integrated into the
11-22 integrated county government, whose position is abolished as a
11-23 result of the integration of political subdivisions or whose
11-24 position is abolished within two years after the date of the
11-25 adoption of the charter by a reduction in force or administrative
11-26 reorganization, must be offered alternative employment by the
11-27 integrated county government at a salary at least equal to the
12-1 salary of the abolished position and with substantially equal
12-2 employee and retirement benefits.
12-3 Sec. 92.013. RETIREMENT BENEFITS. (a) A charter that
12-4 provides for integration of local political subdivisions must
12-5 provide for the continuation of the pension fund or the retirement
12-6 system contributions by both the integrated county government and
12-7 the employees of the integrated county government that would have
12-8 been made by the former county government, the integrated
12-9 municipalities, special districts or authorities, or other
12-10 political subdivisions and the employees of those governments
12-11 before the adoption of the charter.
12-12 (b) Employees of the integrated county government hired
12-13 after the adoption of the charter shall be placed in an appropriate
12-14 pension fund or retirement system.
12-15 Sec. 92.014. COLLECTIVE BARGAINING. A charter that provides
12-16 for integration of other political subdivisions may not diminish
12-17 the rights of any employees of the integrated county government to
12-18 organize, to meet and confer, and to bargain collectively with the
12-19 officials of the integrated county government over wages, hours of
12-20 work, and other terms of employment as provided by state law.
12-21 Sec. 92.015. ANNEXATION. (a) A charter that provides for
12-22 integration of municipalities must, within Bexar County, establish
12-23 procedures for the progressive territorial expansion of the urban
12-24 service district to reflect the growth of the urbanized area.
12-25 (b) In areas outside Bexar County, the integrated county
12-26 government may take any action in respect to the urban service
12-27 district that a municipality having the same size and population as
13-1 the urban service district may take to annex territory to the
13-2 district, to extend the district's extraterritorial jurisdiction,
13-3 or to alter the boundaries of the district under this code.
13-4 (c) The extraterritorial jurisdiction located in Bexar
13-5 County of a municipality that is not integrated under this chapter
13-6 may not be expanded as a consequence of annexation by the
13-7 municipality. The municipality may engage in boundary adjustments
13-8 by agreement with the integrated county government.
13-9 SECTION 2. This Act takes effect on the date on which the
13-10 constitutional amendment proposed by the 76th Legislature, Regular
13-11 Session, 1999, adding Section 64A, Article III, Texas Constitution,
13-12 and providing for the adoption of a county charter in certain
13-13 counties, takes effect. If that amendment is not approved by the
13-14 voters, this Act has no effect.
13-15 SECTION 3. The importance of this legislation and the
13-16 crowded condition of the calendars in both houses create an
13-17 emergency and an imperative public necessity that the
13-18 constitutional rule requiring bills to be read on three several
13-19 days in each house be suspended, and this rule is hereby suspended.