By Puente H.J.R. No. 61 76R4006 CAG-F A JOINT RESOLUTION 1-1 proposing a constitutional amendment to allow the voters of certain 1-2 counties to adopt a charter that restructures and empowers the 1-3 county government and that may allow the integration of the county 1-4 government with certain other political subdivisions located, in 1-5 whole or in part, in the county. 1-6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Article III, Texas Constitution, is amended by 1-8 adding Section 64A to read as follows: 1-9 Sec. 64A. (a) A county with a population of 100,000 or 1-10 more, or a county that is included in a federal metropolitan 1-11 statistical area and that is adjacent to a county with a population 1-12 of 100,000 or more, may adopt a county charter. The county charter 1-13 may integrate the county government with other local political 1-14 subdivisions allowed under this section. 1-15 (b) A charter adopted under this section may: 1-16 (1) provide for the title, qualifications, term of 1-17 office, powers, or duties of an office of chief elected official 1-18 that replaces the office of county judge; 1-19 (2) provide for the structure, number of members, 1-20 qualifications, terms of office, powers, duties, or other features 1-21 of a governing body that replaces the commissioners court; 1-22 (3) modify the powers, duties, or functions of a 1-23 county official that is established by another section of this 1-24 constitution, if the charter otherwise continues all of the 2-1 established functions of county government; 2-2 (4) merge the office of an elected county official 2-3 that is established by another section of this constitution with 2-4 the office of another county official, if the charter otherwise 2-5 continues all of the established functions of both offices; and 2-6 (5) provide for the abolition of the office of an 2-7 elected county official that is established by another section of 2-8 this constitution, on the approval of a majority of the voters 2-9 voting on the question in a separate election held at least one 2-10 year after the initial election on the adoption of the charter. 2-11 (c) The abolition of an office under Subsection(b)(5) of 2-12 this section is effective at the earlier of: 2-13 (1) the conclusion of the regular term of the office 2-14 holder at the time of the election to abolish the office; or 2-15 (2) the date the office becomes vacant. 2-16 (d) A charter adopted under this section may also integrate 2-17 the county government and the government of any other municipality, 2-18 special district or authority, or any other political subdivision, 2-19 other than a school district, if: 2-20 (1) more than one-half of the area of the political 2-21 subdivision to be integrated is located in the county; and 2-22 (2) the integration of political subdivisions includes 2-23 the most populous municipality in the county. 2-24 (e) The powers and duties of a county that adopts a charter 2-25 under this section are: 2-26 (1) the powers and duties established by the charter 2-27 that are not inconsistent with a constitutional or statutory 3-1 provision expressly applying to a charter county; and 3-2 (2) any additional powers and duties granted by this 3-3 constitution or general law. 3-4 (f) If the charter integrates the county with other local 3-5 political subdivisions under Subsection (d) of this section, the 3-6 powers and duties of the integrated county government are also the 3-7 cumulative powers and duties of the political subdivisions that are 3-8 integrated. A charter adopted under this section may not diminish 3-9 the powers, duties, and functions of a municipality that is not 3-10 integrated with the county. 3-11 (g) If a charter integrates the county with other political 3-12 subdivisions, the charter shall transfer to the county all the 3-13 powers, duties, responsibilities, rights, privileges, assets, 3-14 obligations, and liabilities of the integrated municipality, 3-15 special district or authority, or other political subdivision. 3-16 (h) If a municipality that is integrated into a county 3-17 government has extraterritorial jurisdiction outside the county, or 3-18 if any portion of an integrated municipality, special district or 3-19 authority, or other political subdivision is located outside the 3-20 county, the integrated county government's powers and duties 3-21 outside the county are limited to those powers and duties that the 3-22 integrated political subdivision would have had in the absence of 3-23 the governmental integration. 3-24 (i) A charter that integrates the county with other 3-25 political subdivisions must establish distinct service districts in 3-26 the area of the integrated county government that provide for 3-27 district taxes that are graduated by area and based on the level of 4-1 services provided to the service district by the integrated county 4-2 government. 4-3 (j) Except for a constitutional or statutory provision 4-4 expressly applying to a charter county, a charter adopted under 4-5 this section controls on an issue relating to the structure, 4-6 powers, duties, functions, or governance of the county. 4-7 (k) The legislature, by local law or general law, shall 4-8 establish the procedures for the appointment or election of a 4-9 charter commission and for the adoption of a charter under this 4-10 section. The procedures for appointment or election of a charter 4-11 commission must include alternative procedures to initiate the 4-12 creation of a charter commission by action of the commissioners 4-13 court, by action of the governing body of the most populous 4-14 municipality in the county, or by petition of residents. The 4-15 legislative action may include any additional guarantees or other 4-16 provisions that the legislature considers appropriate to require in 4-17 a charter to protect minority voting rights. In the case of a 4-18 charter that integrates the county with other political 4-19 subdivisions, the legislative action may also include provisions 4-20 to: 4-21 (1) protect the employees of political subdivisions 4-22 that may become integrated under the county charter; 4-23 (2) coordinate the charter with the law governing 4-24 annexation; and 4-25 (3) structure the governing body and the service 4-26 districts and to allocate the debt service obligations of an 4-27 integrated county government to ensure equity among the voters and 5-1 taxpayers of the integrated county government. 5-2 SECTION 2. This proposed constitutional amendment shall be 5-3 submitted to the voters at an election to be held November 2, 1999. 5-4 The ballot shall be printed to permit voting for or against the 5-5 proposition: "The constitutional amendment to allow the voters of 5-6 counties with a population of 100,000 or more, and of certain 5-7 adjacent counties, to adopt a charter that restructures and 5-8 empowers the county government and that may allow the integration 5-9 of the county government with certain other political subdivisions, 5-10 in whole or in part, in the county."