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." 2-54 * * * * *