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.