1-1     By:  Madla                                             S.J.R. No. 4
 1-2           (In the Senate - Filed March 5, 1999; March 8, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; May 3, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 3, Nays 0;
 1-6     May 3, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.J.R. No. 4                    By:  Nixon
 1-8                           SENATE JOINT RESOLUTION
 1-9     proposing a constitutional amendment to allow the voters of El Paso
1-10     County to adopt a charter that restructures and empowers the county
1-11     government, that consolidates each municipality located completely
1-12     in the county, and that allows the integration of the county
1-13     government with certain other political subdivisions located, in
1-14     whole or in part, in the county.
1-15           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16           SECTION 1.  Article III, Texas Constitution, is amended by
1-17     adding Section 64A to read as follows:
1-18           Sec. 64A.  (a)  The voters of El Paso County may adopt a
1-19     county charter to accomplish the consolidation of the governments
1-20     of the county, each municipality located completely in the county,
1-21     and other political subdivisions located, in whole or in part, in
1-22     the county.  The county charter may integrate the county government
1-23     with other local political subdivisions allowed under this section.
1-24           (b)  A charter adopted under this section may:
1-25                 (1)  provide for the title, qualifications, term of
1-26     office, powers, or duties of an office of chief elected official
1-27     that replaces the office of county judge;
1-28                 (2)  provide for the structure, number of members,
1-29     qualifications, terms of office, powers, duties, or other features
1-30     of a governing body that replaces the commissioners court;
1-31                 (3)  modify the powers, duties, or functions of a
1-32     county official that is established by another section of this
1-33     constitution, if the charter otherwise continues all of the
1-34     established functions of county government;
1-35                 (4)  merge the office of an elected county official
1-36     that is established by another section of this constitution with
1-37     the office of another county official, if the charter otherwise
1-38     continues all of the established functions of both offices; and
1-39                 (5)  provide for the abolition of the office of an
1-40     elected county official that is established by another section of
1-41     this constitution, on the approval of a majority of the voters
1-42     voting on the question in a separate election held at least one
1-43     year after the initial election on the adoption of the charter.
1-44           (c)  The abolition of an office under Subsection (b)(5) of
1-45     this section is effective at the earlier of:
1-46                 (1)  the conclusion of the regular term of the office
1-47     holder at the time of the election to abolish the office; or
1-48                 (2)  the date the office becomes vacant.
1-49           (d)  A charter adopted under this section shall integrate the
1-50     county government and the government of each municipality located
1-51     completely in the county.  A charter may also integrate into a
1-52     consolidated government a special district or authority, or any
1-53     other political subdivision, other than a school district, if more
1-54     than one-half of the area of the political subdivision to be
1-55     integrated is located in the county.
1-56           (e)  The powers and duties of a county that adopts a charter
1-57     under this section are:
1-58                 (1)  the powers and duties established by the charter
1-59     that are not inconsistent with a constitutional or statutory
1-60     provision expressly applying to a charter county; and
1-61                 (2)  any additional powers and duties granted by this
1-62     constitution or general law.
1-63           (f)  If the charter integrates the county with other local
1-64     political subdivisions under Subsection (d) of this section, the
 2-1     powers and duties of the integrated county government are also the
 2-2     cumulative powers and duties of the political subdivisions that are
 2-3     integrated.  A charter adopted under this section may not diminish
 2-4     the powers, duties, and functions of a municipality that is not
 2-5     required to be integrated with the county.
 2-6           (g)  If a charter integrates the county with other political
 2-7     subdivisions, the charter shall transfer to the county all the
 2-8     powers, duties, responsibilities, rights, privileges, assets,
 2-9     obligations, and liabilities of the integrated municipality,
2-10     special district or authority, or other political subdivision.
2-11           (h)  If a municipality that is integrated into a county
2-12     government has extraterritorial jurisdiction outside the county, or
2-13     if any portion of an integrated municipality, special district or
2-14     authority, or other political subdivision is located outside the
2-15     county, the integrated county government's powers and duties
2-16     outside the county are limited to those powers and duties that the
2-17     integrated political subdivision would have had in the absence of
2-18     the governmental integration.
2-19           (i)  A charter that integrates the county with other
2-20     political subdivisions must establish distinct service districts in
2-21     the area of the integrated county government that provide for
2-22     district taxes that are graduated by area and based on the level of
2-23     services provided to the service district by the integrated county
2-24     government.
2-25           (j)  Except for a constitutional or statutory provision
2-26     expressly applying to a charter county, a charter adopted under
2-27     this section controls on an issue relating to the structure,
2-28     powers, duties, functions, or governance of the county.
2-29           (k)  The legislature, by local law or general law, shall
2-30     establish the procedures for the appointment or election of a
2-31     charter commission and for the adoption of a charter under this
2-32     section.  The legislative action may include any additional
2-33     guarantees or other provisions that the legislature considers
2-34     appropriate to require in a charter to protect minority voting
2-35     rights.  In the case of a charter that integrates the county with
2-36     other political subdivisions, the legislative action may also
2-37     include provisions to:
2-38                 (1)  protect the employees of political subdivisions
2-39     that may become integrated under the county charter;
2-40                 (2)  coordinate the charter with the law governing
2-41     annexation; and
2-42                 (3)  structure the governing body and the service
2-43     districts and to allocate the debt service obligations of an
2-44     integrated county government to ensure equity among the voters and
2-45     taxpayers of the integrated county government.
2-46           SECTION 2.  This proposed constitutional amendment shall be
2-47     submitted to the voters at an election to be held November 2, 1999.
2-48     The ballot shall be printed to permit voting for or against the
2-49     proposition:  "The constitutional amendment to allow the voters of
2-50     El Paso County to adopt a charter that restructures and empowers
2-51     the county government and that provides for the integration of the
2-52     county government with certain other political subdivisions
2-53     located, in whole or in part, in the county."
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