By:  Wentworth                                         S.B. No. 675
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the adoption of a county charter by Bexar County.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Title 3, Local Government Code, is amended by
 1-4     adding Subtitle C to read as follows:
 1-5                         SUBTITLE C.  COUNTY CHARTER
 1-6                 CHAPTER 92.  COUNTY CHARTER IN BEXAR COUNTY
 1-7           Sec. 92.001.  APPOINTMENT OF CHARTER COMMISSION BY
 1-8     COMMISSIONERS COURT.  (a)  The Commissioners Court of Bexar County
 1-9     may at any time appoint the members of a commission to draft a
1-10     charter under Section 64A, Article III, Texas Constitution.  The
1-11     appointed members shall represent:
1-12                 (1)  the unincorporated area of Bexar County; and
1-13                 (2)  municipalities, other than San Antonio, located
1-14     partly or wholly in Bexar County.
1-15           (b)  If the Commissioners Court of Bexar County is notified
1-16     of the intention of the governing body of San Antonio to appoint a
1-17     charter commission under Section 92.002 (a) or if the commissioners
1-18     court is petitioned to appoint a charter commission under Section
1-19     92.003, the Commissioners Court of Bexar County shall appoint the
1-20     members of a commission to draft a charter.  The appointed members
1-21     shall represent:
1-22                 (1)  the unincorporated area of Bexar County; and
 2-1                 (2)  municipalities, other than San Antonio, located
 2-2     partly or wholly in Bexar County.
 2-3           Sec. 92.002.  APPOINTMENT OF CHARTER COMMISSION BY SAN
 2-4     ANTONIO GOVERNING BODY.  (a)  The governing body of San Antonio may
 2-5     at any time appoint the members representing San Antonio on a
 2-6     commission to draft a charter for Bexar County under Section 64A,
 2-7     Article III, Texas Constitution.
 2-8           (b)  The governing body of San Antonio shall appoint the
 2-9     members representing San Antonio on a commission to draft a charter
2-10     for Bexar County if the governing body is notified of the
2-11     commissioners court's intention to appoint a charter commission
2-12     under Section 92.001(a) or 92.004(b).
2-13           Sec. 92.003.  INITIATION OF CHARTER PROCESS BY PETITION.  A
2-14     petition for the appointment of a charter commission must:
2-15                 (1)  be filed with the office of the county clerk of
2-16     Bexar County;
2-17                 (2)  be signed by a number of registered voters of
2-18     Bexar County at least equal to 10 percent of the number of votes
2-19     received for governor in the county in the most recent
2-20     gubernatorial election; and
2-21                 (3)  comply with the applicable requirements of general
2-22     law relating to a petition authorized or required to be filed in
2-23     connection with an election.
2-24           Sec. 92.004.  VERIFICATION OF PETITION.  (a)  Not later than
2-25     the 30th day after the date the petition is filed with the county
2-26     clerk, the clerk shall determine whether the petition meets the
 3-1     requirements of Section 92.003 and shall certify in writing to the
 3-2     commissioners court whether the petition is valid or invalid.
 3-3           (b)  If the county clerk certifies that the petition is
 3-4     valid, the commissioners court shall make its appointments to a
 3-5     charter commission not later than the 120th day after the date the
 3-6     commissioners court receives the clerk's certification.
 3-7           (c)  If the petition is certified as invalid, the county
 3-8     clerk shall state the reason for that determination.  A person
 3-9     circulating the petition has 60 days after the date of
3-10     certification to submit additional petitions or signatures to cure
3-11     the determination of a deficiency, and the clerk, not later than
3-12     the 21st day after the filing of the additional petitions or
3-13     signatures, shall determine whether the additional petitions or
3-14     signatures are sufficient to cure the deficiency and shall certify
3-15     that determination to the commissioners court.
3-16           Sec. 92.005.  NOTIFICATION TO POLITICAL SUBDIVISIONS.
3-17     (a)  Not later than the 30th day after the date the commissioners
3-18     court is required to appoint a charter commission under Section
3-19     92.004(b) or after the date the commissioners court decides to
3-20     appoint a charter commission without a petition under Section
3-21     92.001(a), the commissioners court shall give notice to the
3-22     governing body of each municipality having any portion of its area
3-23     in Bexar County of the commissioners court's intention to appoint a
3-24     charter commission. The notice to the governing body of San Antonio
3-25     must specify the number of commission members who are appointed to
3-26     represent San Antonio on the commission under Section 92.006.
 4-1           (b)  Not later than the 30th day after the date the governing
 4-2     body of San Antonio decides to appoint a charter commission under
 4-3     Section 92.002(a), the governing body of San Antonio shall give
 4-4     notice to the commissioners court and to the governing body of each
 4-5     municipality having any portion of its area in Bexar County of the
 4-6     San Antonio governing body's intention to appoint a charter
 4-7     commission.  The notice to the commissioners court must specify the
 4-8     number of commission members who are to be appointed to represent
 4-9     other municipalities in Bexar County and the unincorporated area on
4-10     the commission under Section 92.006.
4-11           Sec. 92.006.  COMMISSION COMPOSITION.  (a)  The members of
4-12     the charter commission shall be divided between members appointed
4-13     by the governing body of San Antonio and members appointed by the
4-14     commissioners court, as nearly as possible based on the ratio of
4-15     San Antonio's population in Bexar County to the population of the
4-16     remainder of Bexar County.  The total number of members of the
4-17     charter commission shall be determined by the commissioners court
4-18     if the court initiates the appointment of the commission or if the
4-19     court is petitioned to appoint a commission.  The total number of
4-20     members of the charter commission shall be determined by the
4-21     governing body of San Antonio if the governing body of San Antonio
4-22     initiates the appointment of the commission.
4-23           (b)  If the governing body of San Antonio fails to appoint
4-24     members within 60 days after the date of receiving notice of the
4-25     commissioners court's intent to appoint a charter commission, the
4-26     commissioners court shall appoint the requisite number of residents
 5-1     of San Antonio to the commission.  If the commissioners court fails
 5-2     to appoint members within 60 days after the date of receiving
 5-3     notice of the San Antonio governing body's intent to appoint a
 5-4     charter commission, the governing body of San Antonio shall appoint
 5-5     the requisite number of residents of the unincorporated area and of
 5-6     other municipalities in Bexar County to the commission.
 5-7           (c)  The membership of the charter commission must reasonably
 5-8     reflect the ethnic distribution of the population of:
 5-9                 (1)  San Antonio; and
5-10                 (2)  the remainder of Bexar County.
5-11           (d)  The membership of the charter commission, other than the
5-12     members representing San Antonio, must be reasonably balanced
5-13     between residents of other incorporated municipalities in Bexar
5-14     County and residents of the unincorporated area of Bexar County.
5-15           Sec. 92.007.  PREPARATION OF CHARTER.  (a)  The charter
5-16     commission shall prepare the charter.  The charter commission shall
5-17     file its proposed charter with the commissioners court on or before
5-18     the second anniversary of the date the first appointment to the
5-19     commission is made.
5-20           (b)  When the proposed charter is filed with the
5-21     commissioners court, the commissioners court shall submit the
5-22     charter to the United States Department of Justice for preclearance
5-23     under the federal Voting Rights Act (42 U.S.C. Section 1973c et
5-24     seq.), as amended.  If the requirement for preclearance under the
5-25     federal Voting Rights Act is not applicable to the proposed
5-26     charter, the commissioners court shall submit the charter to the
 6-1     attorney general.  The attorney general shall determine whether the
 6-2     adoption of the proposed charter would result in any retrogression
 6-3     in the effective voting strength of minority populations in the
 6-4     county, under standards and analyses similar to the standards and
 6-5     analyses applied to proposed local government charters under the
 6-6     federal Voting Rights Act.
 6-7           (c)  If the proposed charter is precleared or the attorney
 6-8     general determines that no retrogression would occur, the
 6-9     commissioners court by order shall call an election to approve the
6-10     charter as proposed by the charter commission on the first
6-11     authorized uniform election date prescribed by general law after
6-12     the date the proposed charter is filed with the commissioners court
6-13     that allows sufficient time to comply with applicable requirements
6-14     of general law.
6-15           (d)  If the proposed charter is not precleared or the
6-16     attorney general determines that adoption of the proposed charter
6-17     would result in retrogression in the effective voting strength of
6-18     minority populations, the commissioners court shall return the
6-19     charter one time to the charter commission  for revision and
6-20     refiling with the commissioners court before the 180th day after
6-21     the date the charter is returned to the commission.  If the revised
6-22     proposed charter also is not precleared or the attorney general
6-23     determines that retrogression still would occur, the commissioners
6-24     court shall dissolve the commission.  A new charter commission may
6-25     be appointed under Section 92.001(a) or 92.002(a) or as required by
6-26     a petition under Section 92.003.
 7-1           (e)  On the date of the election called by the commissioners
 7-2     court under Subsection (c), the charter commission is dissolved.
 7-3           Sec. 92.008.  ADOPTION OF CHARTER.  (a)  The adoption of the
 7-4     charter must be initially approved at the election by a majority of
 7-5     the votes received from the voters of Bexar County.
 7-6           (b)  If the charter provides for integration of the county
 7-7     with one or more municipalities, the governing body of each
 7-8     municipality, other than San Antonio, having more than half of the
 7-9     municipality's area in Bexar County shall call an election on  the
7-10     question of whether the municipality shall be integrated into the
7-11     integrated county government.  The election shall be held on the
7-12     next authorized uniform election date prescribed by general law
7-13     that is after the date the proposed charter is approved under
7-14     Subsection (a) and that allows sufficient time to comply with
7-15     applicable requirements of general law.
7-16           (c)  If a majority of the votes received at an election under
7-17     Subsection (b) favor the integration, the municipality shall be
7-18     integrated into the county government under the terms of the
7-19     charter.
7-20           (d)  If a majority of the votes received at an election under
7-21     Subsection (b) do not favor the integration, the municipality shall
7-22     continue to exist and function as a municipality located in the
7-23     county area according to the terms of the municipality's charter
7-24     or, if the municipality does not have a charter, according to the
7-25     terms of general law.
7-26           (e)  If the charter provides for integration of the county
 8-1     with municipalities, the commissioners court shall call an election
 8-2     in the portion of the unincorporated area in each commissioners
 8-3     precinct on the question of whether that portion of the
 8-4     unincorporated area shall be integrated into an urban service
 8-5     district.  The election shall be held on the next authorized
 8-6     uniform election date prescribed by general law that is after the
 8-7     date the proposed charter is approved under Subsection (a) and that
 8-8     allows sufficient time to comply with applicable requirements of
 8-9     general law.
8-10           (f)  If a majority of the votes received at an election under
8-11     Subsection (e) favor the integration, the portion of the
8-12     unincorporated area in that commissioners precinct shall be
8-13     integrated into the urban service district under the terms of the
8-14     charter.
8-15           (g)  If a majority of the votes received at an election under
8-16     Subsection (e) do not favor the integration, the portion of the
8-17     unincorporated area in that commissioners precinct shall remain
8-18     outside the urban service district, subject to any charter
8-19     provisions on expansion of the urban service district.
8-20           (h)  Following the adoption of a charter that provides for
8-21     integration of the county with municipalities and the initial
8-22     election on integration of municipalities under Subsection (c), the
8-23     county may later integrate additional municipalities, special
8-24     districts or authorities, or other political subdivisions if:
8-25                 (1)  the county follows the conditions of the charter,
8-26     if any, for additional governmental integration; and
 9-1                 (2)  the majority of the votes received from the voters
 9-2     of the municipality, special district or authority, or political
 9-3     subdivision approve, at an election, the additional integration.
 9-4           Sec. 92.009.  GOVERNING BODY OF INTEGRATED COUNTY GOVERNMENT.
 9-5     (a)  In order to protect minority voting rights and ensure equity
 9-6     among the voters of an integrated county government, a charter
 9-7     adopted under this section that provides for integration of the
 9-8     county and municipal governments must provide for a governing body
 9-9     that consists of:
9-10                 (1)  a presiding officer elected at large;
9-11                 (2)  four members elected from single-member districts
9-12     that when placed together encompass the entire territory of Bexar
9-13     County; and
9-14                 (3)  a number of members elected from single-member
9-15     districts that when placed together encompass the territory of the
9-16     integrated county government, and that includes the territory
9-17     outside Bexar County of any integrated municipalities and excludes
9-18     the territory of any unintegrated municipalities.
9-19           (b)  The number of districts established under Subsection
9-20     (a)(3) must be sufficient to ensure that, in the first election
9-21     following the integration of governments, the average population of
9-22     the districts is no greater than the average population of
9-23     single-member districts of the governing body of San Antonio before
9-24     the date of the integration.
9-25           Sec. 92.010.  SERVICE DISTRICTS.  (a)  In order to ensure
9-26     equity among the taxpayers of an integrated county government, a
 10-1    charter that provides for integration of the county and
 10-2    municipalities must divide the area in the integrated county
 10-3    government into service districts for the purposes of taxation and
 10-4    the provision of services.
 10-5          (b)  One district shall encompass the entire territory of
 10-6    Bexar County before the date of the integration of local political
 10-7    subdivisions.  In this district, the services that the integrated
 10-8    county government provides on an equal basis throughout the
 10-9    district shall be financed by the levy of ad valorem taxes or other
10-10    taxes or revenues that are uniform throughout the district.  This
10-11    district shall be called the county service district.
10-12          (c)  One district shall encompass at least the entire
10-13    territory of San Antonio before the date of the integration of
10-14    municipalities.  This district may be expanded to coincide with the
10-15    growth of urbanized areas, outside the territory and
10-16    extraterritorial jurisdiction of unintegrated municipalities, as
10-17    provided by the charter.  In this district, the incremental
10-18    services provided by the integrated county government, in addition
10-19    to services provided by the county service district or at a higher
10-20    level than the services provided by the county service district,
10-21    shall be financed by an additional levy of ad valorem taxes or by
10-22    the imposition of additional taxes or revenues raised solely in the
10-23    district.  This district shall be known as the urban service
10-24    district.
10-25          (d)  One district shall encompass both the urban service
10-26    district and all other territory of the integrated county
 11-1    government outside of unintegrated municipalities.  In this
 11-2    district, incremental services provided by the integrated local
 11-3    government shall be financed by the additional levy of ad valorem
 11-4    taxes or by additional taxes or revenues raised solely in the
 11-5    district.  This district shall be known as the general services
 11-6    district.
 11-7          (e)  If a municipality other than San Antonio becomes
 11-8    integrated into the county government under Section 92.008(c), or
 11-9    if a municipality that remains unintegrated in the initial election
11-10    following the adoption of the charter later becomes integrated into
11-11    the county government, the municipality may either be added to the
11-12    urban service district established under Section 92.010(c) or
11-13    become an additional and separate urban service district, as
11-14    provided by the charter.
11-15          Sec. 92.011.  AD VALOREM TAXES.  In order to ensure equity
11-16    among the taxpayers of an integrated county government, a charter
11-17    that provides for integration of other political subdivisions must
11-18    provide that an ad valorem tax levied for debt service of the
11-19    general obligation debt that was authorized or issued by any
11-20    integrated municipality, any special district or authority, or any
11-21    other political subdivision that is a part of the integrated county
11-22    government shall continue to be levied:
11-23                (1)  only in the area of the urban service district
11-24    that replaces the integrated municipality; and
11-25                (2)  only in the area of the special district or
11-26    authority or the political subdivision that is integrated.
 12-1          Sec. 92.012.  CONSOLIDATION OF EMPLOYEES.  A charter that
 12-2    provides for integration of other political subdivisions must
 12-3    provide that every employee, other than an elected official, of the
 12-4    county and of every municipality, special district or authority, or
 12-5    other political subdivision that becomes integrated into the
 12-6    integrated county government, whose position is abolished as a
 12-7    result of the integration of political subdivisions or whose
 12-8    position is abolished within two years after the date of the
 12-9    adoption of the charter by a reduction in force or administrative
12-10    reorganization, must be offered alternative employment by the
12-11    integrated county government at a salary at least equal to the
12-12    salary of the abolished position and with substantially equal
12-13    employee and retirement benefits.
12-14          Sec. 92.013.  RETIREMENT BENEFITS.  (a)  A charter that
12-15    provides for integration of local political subdivisions must
12-16    provide for the continuation of the pension fund or the retirement
12-17    system contributions by both the integrated county government and
12-18    the employees of the integrated county government that would have
12-19    been made by the former county government, the integrated
12-20    municipalities, special districts or authorities, or other
12-21    political subdivisions and the employees of those governments
12-22    before the adoption of  the charter.
12-23          (b)  Employees of the integrated county government hired
12-24    after the adoption of the charter shall be placed in an appropriate
12-25    pension fund or retirement system.
12-26          Sec. 92.014.  COLLECTIVE BARGAINING.  A charter that provides
 13-1    for integration of other political subdivisions may not diminish
 13-2    the rights of any employees of the integrated county government to
 13-3    organize, to meet and confer, and to bargain collectively with the
 13-4    officials of the integrated county government over wages, hours of
 13-5    work, and other terms of employment as provided by state law.
 13-6          Sec. 92.015.  ANNEXATION.  (a)  A charter that provides for
 13-7    integration of municipalities must, within Bexar County, establish
 13-8    procedures for the progressive territorial expansion of the urban
 13-9    service district to reflect the growth of the urbanized area.
13-10          (b)  In areas outside Bexar County, the integrated county
13-11    government may take any action in respect to the urban service
13-12    district that a municipality having the same size and population as
13-13    the urban service district may take to annex territory to the
13-14    district, to extend the district's extraterritorial jurisdiction,
13-15    or to alter the boundaries of the district under this code.
13-16          (c)  The extraterritorial jurisdiction located in Bexar
13-17    County of a municipality that is not integrated under this chapter
13-18    may not be expanded as a consequence of annexation by the
13-19    municipality.  The municipality may engage in boundary adjustments
13-20    by agreement with the integrated county government.
13-21          SECTION 2.  This Act takes effect on the date on which the
13-22    constitutional amendment proposed by the 76th Legislature, Regular
13-23    Session, 1999, adding Section 64A, Article III, Texas Constitution,
13-24    and providing for the adoption of a county charter in certain
13-25    counties, takes effect.  If that amendment is not approved by the
13-26    voters, this Act has no effect.