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.