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.