76R16892 CAG-D
By Madla, et al. S.J.R. No. 4
Substitute the following for S.J.R. No. 4:
By Chisum C.S.S.J.R. No. 4
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to create a consolidated El
1-2 Paso Metro government by consolidating El Paso County and certain
1-3 political subdivisions in El Paso County.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article III, Texas Constitution, is amended by
1-6 adding Section 64A to read as follows:
1-7 Sec. 64A. (a) The city of El Paso is consolidated into El
1-8 Paso County to form the El Paso Metro government. The effect of
1-9 the consolidation under this section is to consolidate and
1-10 integrate into the El Paso County government all of the functions
1-11 and agencies of the city of El Paso, including functions and
1-12 agencies relating to utilities and transportation and including all
1-13 entities operated or controlled by the city of El Paso.
1-14 (b) As a result of Subsection (a), the powers and duties of
1-15 the El Paso Metro government are:
1-16 (1) the cumulative powers and duties established by
1-17 constitutional or statutory provisions applying generally to
1-18 counties or specifically to El Paso County or applying generally to
1-19 municipalities or home-rule municipalities or specifically to the
1-20 city of El Paso; and
1-21 (2) any additional powers and duties granted by this
2-1 constitution or general law.
2-2 (c) On the date of the consolidation of the city of El Paso
2-3 into El Paso County, the El Paso Metro government shall assume all
2-4 the powers, duties, responsibilities, rights, privileges, assets,
2-5 obligations, and liabilities of the county and the city.
2-6 (d) This section does not diminish the powers, duties, and
2-7 functions of a municipality that is not consolidated into the El
2-8 Paso Metro government. The boundaries of a municipality that is
2-9 not consolidated into the El Paso Metro government are the
2-10 boundaries of the municipality, exclusive of the municipality's
2-11 extraterritorial jurisdiction, on the first anniversary of the date
2-12 of the consolidation of the city of El Paso into El Paso County.
2-13 (e) The governing body of the El Paso Metro government is
2-14 initially made up of:
2-15 (1) the four county commissioners of El Paso County
2-16 who are serving as county commissioners on the day before the date
2-17 of the consolidation of the city of El Paso into El Paso County;
2-18 (2) the eight members of the El Paso City Council who
2-19 are serving as members of the El Paso City Council on the day
2-20 before the date of the consolidation of the city of El Paso into El
2-21 Paso County; and
2-22 (3) a presiding officer elected at large in El Paso
2-23 County.
2-24 (f) The initial terms of the members of the governing body
2-25 of the El Paso Metro government expire on the second anniversary of
2-26 the date of the consolidation of the city of El Paso into El Paso
2-27 County.
3-1 (g) The presiding officer is elected at large in El Paso
3-2 County. The terms of the presiding officer and the other members of
3-3 the governing body of the El Paso Metro government are three years.
3-4 For constitutional and statutory purposes, the presiding officer of
3-5 the El Paso Metro government has the same authority to act as a
3-6 county judge of a county and as a mayor of a municipality.
3-7 (h) Unless the charter adopted under Subsection (j) provides
3-8 differently, after the initial terms of the members of the
3-9 governing body of the El Paso Metro government expire, the
3-10 governing body of the El Paso Metro government is composed of:
3-11 (1) eight members, each of whom resides in and is
3-12 elected from a single-member district that has been determined by
3-13 the governing body of the El Paso Metro government; and
3-14 (2) a presiding officer elected at large in El Paso
3-15 County.
3-16 (i) To stagger the terms of the members of the governing
3-17 body, the first group of members of the governing body of the El
3-18 Paso Metro government elected under Subsection (h) shall draw lots
3-19 to determine which three members shall serve one-year terms, which
3-20 three members shall serve two-year terms, and which three members
3-21 shall serve three-year terms.
3-22 (j) The governing body of the El Paso Metro government, in
3-23 the same manner as a home-rule municipality, may adopt a charter to
3-24 govern the operation of the El Paso Metro government. The charter
3-25 may specifically:
3-26 (1) provide for the title, qualifications, term of
3-27 office, powers, or duties of a member of the governing body of the
4-1 El Paso Metro government, including the presiding officer; and
4-2 (2) provide for changes in the title, qualifications,
4-3 terms of office, powers, duties, or other features of the governing
4-4 body of the El Paso Metro government.
4-5 (k) The governing body of the El Paso Metro government shall
4-6 establish distinct service districts in the area of the
4-7 consolidated county government that provide for district taxes that
4-8 are graduated by area and based on the level of services provided
4-9 to the service district by the El Paso Metro government.
4-10 (l) A charter adopted under this section may also include
4-11 provisions to:
4-12 (1) protect the employees of the consolidated
4-13 political subdivisions;
4-14 (2) coordinate the charter with the law governing
4-15 annexation;
4-16 (3) structure the governing body and the service
4-17 districts and allocate the debt service obligations of the El Paso
4-18 Metro government to ensure equity among the voters and taxpayers of
4-19 the El Paso Metro government; and
4-20 (4) consolidate other political subdivisions located
4-21 in El Paso County and their powers and duties into the El Paso
4-22 Metro government.
4-23 (m) The sheriff of El Paso County is the chief law
4-24 enforcement officer of the El Paso Metro government.
4-25 (n) The creation of single-member districts under Subsection
4-26 (h)(1) does not create precincts or increase the number of
4-27 precincts created under Section 18, Article V. The governing body
5-1 of the El Paso Metro government may divide the county into
5-2 precincts under Section 18, Article V, for any purpose other than
5-3 representation on the commissioners court of a county.
5-4 SECTION 2. The following temporary provision is added to the
5-5 Texas Constitution:
5-6 TEMPORARY PROVISION. (a) This temporary provision applies
5-7 to the constitutional amendment proposed by S.J.R. No. 4, 76th
5-8 Legislature, Regular Session, 1999, and expires December 1, 2001.
5-9 (b) The constitutional amendment adding Section 64A, Article
5-10 III, Texas Constitution, takes effect on the 270th day after the
5-11 date at which that amendment is adopted. However, the
5-12 constitutional amendment adding Section 64A, Article III, Texas
5-13 Constitution, takes effect only if, at the statewide election at
5-14 which the constitutional amendment providing for the creation of a
5-15 consolidated El Paso Metro government by consolidating El Paso
5-16 County and certain political subdivisions in El Paso County is
5-17 submitted to the voters, a majority of the voters of El Paso County
5-18 voting on the question at that election favor the amendment.
5-19 (c) If that constitutional amendment is adopted, the El Paso
5-20 County commissioners court and the governing body of the city of El
5-21 Paso shall promptly meet and jointly confer regarding the creation
5-22 of the El Paso Metro government. The meeting shall include
5-23 planning for the consolidation of the city and county government
5-24 services and methods for operating the services under the El Paso
5-25 Metro government. A primary consideration at the meeting is to
5-26 ensure that both the commissioners court of El Paso County and the
5-27 governing body of the city of El Paso plan for the smooth and
6-1 efficient transfer of services to the governing body of the El Paso
6-2 Metro government and that the high level of quality and quantity of
6-3 the government services, particularly services related to the
6-4 public health, safety, and welfare, are continued. Both governing
6-5 bodies may also draft for approval by the El Paso Metro government
6-6 any proposed charter to be adopted by the El Paso Metro government.
6-7 Both governing bodies may jointly appoint advisory committees to
6-8 assist the governing bodies in planning for the consolidation of
6-9 the city and county government services and methods for operating
6-10 the services under the new El Paso Metro government and in
6-11 preparing any proposed charter to be adopted by the El Paso Metro
6-12 government.
6-13 (d) On the first uniform election date after the 180th day
6-14 after the date of the election at which that constitutional
6-15 amendment is adopted, the presiding officer of the El Paso Metro
6-16 government shall be selected at an election jointly called and held
6-17 by the El Paso County commissioners court and the governing body of
6-18 the city of El Paso.
6-19 (e) On the 270th day after the date of the election at which
6-20 that constitutional amendment is adopted, the governing body of the
6-21 El Paso Metro government shall be seated, the city of El Paso is
6-22 consolidated into the government of El Paso County, and the El Paso
6-23 Metro government is formed.
6-24 SECTION 3. This proposed constitutional amendment shall be
6-25 submitted to the voters at an election to be held November 2, 1999.
6-26 The ballot shall be printed to permit voting for or against the
6-27 proposition: "The constitutional amendment to create a
7-1 consolidated El Paso Metro government by consolidating El Paso
7-2 County and certain political subdivisions in El Paso County."