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."