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