By Madla S.J.R. No. 4
76R7577 CAG-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to allow the voters of Bexar
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 Bexar County may adopt a county
1-11 charter to accomplish the consolidation of the governments of the
1-12 county, each municipality located completely in the county, and
1-13 other political subdivisions located, in whole or in part, in the
1-14 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
2-27 that are not inconsistent with a constitutional or statutory
3-1 provision expressly applying to a charter county; and
3-2 (2) any additional powers and duties granted by this
3-3 constitution or general law.
3-4 (f) If the charter integrates the county with other local
3-5 political subdivisions under Subsection (d) of this section, the
3-6 powers and duties of the integrated county government are also the
3-7 cumulative powers and duties of the political subdivisions that are
3-8 integrated. A charter adopted under this section may not diminish
3-9 the powers, duties, and functions of a municipality that is not
3-10 required to be integrated with the county.
3-11 (g) If a charter integrates the county with other political
3-12 subdivisions, the charter shall transfer to the county all the
3-13 powers, duties, responsibilities, rights, privileges, assets,
3-14 obligations, and liabilities of the integrated municipality,
3-15 special district or authority, or other political subdivision.
3-16 (h) If a municipality that is integrated into a county
3-17 government has extraterritorial jurisdiction outside the county, or
3-18 if any portion of an integrated municipality, special district or
3-19 authority, or other political subdivision is located outside the
3-20 county, the integrated county government's powers and duties
3-21 outside the county are limited to those powers and duties that the
3-22 integrated political subdivision would have had in the absence of
3-23 the governmental integration.
3-24 (i) A charter that integrates the county with other
3-25 political subdivisions must establish distinct service districts in
3-26 the area of the integrated county government that provide for
3-27 district taxes that are graduated by area and based on the level of
4-1 services provided to the service district by the integrated county
4-2 government.
4-3 (j) Except for a constitutional or statutory provision
4-4 expressly applying to a charter county, a charter adopted under
4-5 this section controls on an issue relating to the structure,
4-6 powers, duties, functions, or governance of the county.
4-7 (k) The legislature, by local law or general law, shall
4-8 establish the procedures for the appointment or election of a
4-9 charter commission and for the adoption of a charter under this
4-10 section. The procedures for appointment or election of a charter
4-11 commission must include alternative procedures to initiate the
4-12 creation of a charter commission by action of the commissioners
4-13 court, by action of the governing body of the most populous
4-14 municipality in the county, or by petition of residents. The
4-15 legislative action may include any additional guarantees or other
4-16 provisions that the legislature considers appropriate to require in
4-17 a charter to protect minority voting rights. In the case of a
4-18 charter that integrates the county with other political
4-19 subdivisions, the legislative action may also include provisions
4-20 to:
4-21 (1) protect the employees of political subdivisions
4-22 that may become integrated under the county charter;
4-23 (2) coordinate the charter with the law governing
4-24 annexation; and
4-25 (3) structure the governing body and the service
4-26 districts and to allocate the debt service obligations of an
4-27 integrated county government to ensure equity among the voters and
5-1 taxpayers of the integrated county government.
5-2 SECTION 2. This proposed constitutional amendment shall be
5-3 submitted to the voters at an election to be held November 2, 1999.
5-4 The ballot shall be printed to permit voting for or against the
5-5 proposition: "The constitutional amendment to allow the voters of
5-6 Bexar County to adopt a charter that restructures and empowers the
5-7 county government and that provides for the integration of the
5-8 county government with certain other political subdivisions, in
5-9 whole or in part, in the county."