By Shapleigh                                          S.J.R. No. 13
         77R369 DRH-D                           
                                 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
1-22     constitution or other law.
1-23           (c)  On the date of the consolidation of the city of El Paso
1-24     into El Paso County, the El Paso Metro government shall assume all
 2-1     the powers, duties, responsibilities, rights, privileges, assets,
 2-2     obligations, and liabilities of the county and the city.
 2-3           (d)  This section does not diminish the powers, duties, and
 2-4     functions of a municipality that is not consolidated  into the El
 2-5     Paso Metro government.  The boundaries of a municipality that is
 2-6     not consolidated into the El Paso Metro government are the
 2-7     boundaries of the municipality, exclusive of the municipality's
 2-8     extraterritorial jurisdiction, on the first anniversary of the date
 2-9     of the consolidation of the city of El Paso into El Paso County.
2-10           (e)  The governing body of the El Paso Metro government is
2-11     initially made up of:
2-12                 (1)  the four county commissioners of El Paso County
2-13     who are serving as county commissioners on the day before the date
2-14     of the consolidation of the city of El Paso into El Paso County;
2-15                 (2)  the eight members of the El Paso City Council who
2-16     are serving as members of the El Paso City Council on the day
2-17     before the date of the consolidation of the city of El Paso into El
2-18     Paso County; and
2-19                 (3)  a presiding officer elected at large in El Paso
2-20     County.
2-21           (f)  The initial terms of the members of the governing body
2-22     of the El Paso Metro government expire on the second anniversary of
2-23     the date of the consolidation of the city of El Paso into El Paso
2-24     County.
2-25           (g)  The presiding officer is elected at large in El Paso
2-26     County. The terms of the presiding officer and the other members of
2-27     the governing body of the El Paso Metro government are three years.
 3-1     For constitutional and statutory purposes, the presiding officer of
 3-2     the El Paso Metro government has the same authority to act as a
 3-3     county judge of a county and as a mayor of a municipality.
 3-4           (h)  Unless the charter adopted under Subsection (j) provides
 3-5     differently, after the initial terms of the members of the
 3-6     governing body of the El Paso Metro government expire, the
 3-7     governing body of the El Paso Metro government is composed of:
 3-8                 (1)  eight members, each of whom resides in and is
 3-9     elected from a single-member district that has been determined by
3-10     the governing body of the El Paso Metro government; and
3-11                 (2)  a presiding officer elected at large in El Paso
3-12     County.
3-13           (i)  To stagger the terms of the members of the governing
3-14     body, the first group of members of the governing body of the El
3-15     Paso Metro government elected under Subsection (h) shall draw lots
3-16     to determine which three members shall serve one-year terms, which
3-17     three members shall serve two-year terms, and which three members
3-18     shall serve three-year terms.
3-19           (j)  The governing body of the El Paso Metro government, in
3-20     the same manner as a home-rule municipality, may adopt a charter to
3-21     govern the operation of the El Paso Metro government. The charter
3-22     may specifically:
3-23                 (1)  provide for the title, qualifications, term of
3-24     office, powers, or duties of a member of the governing body of the
3-25     El Paso Metro government, including the presiding officer; and
3-26                 (2)  provide for changes in the title, qualifications,
3-27     terms of office, powers, duties, or other features of the governing
 4-1     body of the El Paso Metro government.
 4-2           (k)  The governing body of the El Paso Metro government shall
 4-3     establish distinct service districts in the area of the
 4-4     consolidated county government that provide for district taxes that
 4-5     are graduated by area and based on the level of services provided
 4-6     to the service district by the El Paso Metro government.
 4-7           (l)  A charter adopted under this section may also include
 4-8     provisions to:
 4-9                 (1)  protect the employees of the consolidated
4-10     political subdivisions;
4-11                 (2)  coordinate the charter with the law governing
4-12     annexation;
4-13                 (3)  structure the governing body and the service
4-14     districts and allocate the debt service obligations of the El Paso
4-15     Metro government to ensure equity among the voters and taxpayers of
4-16     the El Paso Metro government; and
4-17                 (4)  consolidate other political subdivisions  located
4-18     in El Paso County and their powers  and duties into the El Paso
4-19     Metro government.
4-20           (m)  The sheriff of El Paso County is the chief law
4-21     enforcement officer of the El Paso Metro government.
4-22           (n)  The creation of single-member districts under Subsection
4-23     (h)(1) does not create precincts or increase the number of
4-24     precincts created under Section 18, Article V.  The governing body
4-25     of the El Paso Metro government may divide the county into
4-26     precincts under Section 18, Article V, for any purpose other than
4-27     representation on the commissioners court of a county.
 5-1           SECTION 2.  The following temporary provision is added to the
 5-2     Texas Constitution:
 5-3           TEMPORARY PROVISION.  (a)  This temporary provision applies
 5-4     to the constitutional amendment proposed by the 77th Legislature,
 5-5     Regular Session, 2001, to create a consolidated El Paso Metro
 5-6     government by consolidatng El Paso County and certain political
 5-7     subdivisions in El Paso County, and this provision expires December
 5-8     1, 2003.
 5-9           (b)  That constitutional amendment takes effect on the 270th
5-10     day after the date on which that amendment is adopted.  However,
5-11     that constitutional amendment takes effect only if, at the
5-12     statewide election at which that constitutional amendment is
5-13     submitted to the voters, a majority of the voters of El Paso County
5-14     voting on the question at that election also favor the amendment.
5-15           (c)  If that constitutional amendment is adopted and will
5-16     take effect, the commissioners court of El Paso County and the
5-17     governing body of the city of El Paso shall promptly meet after the
5-18     amendment is adopted and jointly confer regarding the creation of
5-19     the El Paso Metro government.  The meeting shall include planning
5-20     for the consolidation of the city and county government services
5-21     and methods for operating the services under the El Paso Metro
5-22     government.  A primary consideration at the meeting is to ensure
5-23     that both the commissioners court of El Paso County and the
5-24     governing body of the city of El Paso plan for the smooth and
5-25     efficient transfer of services to the governing body of the El Paso
5-26     Metro government and that the high level of quality and quantity of
5-27     the government services, particularly services related to the
 6-1     public health, safety, and welfare, are continued.  Both governing
 6-2     bodies may also draft for approval by the El Paso Metro government
 6-3     any proposed charter to be adopted by the El Paso Metro government.
 6-4     Both governing bodies may jointly appoint advisory committees to
 6-5     assist the governing bodies in planning for the consolidation of
 6-6     the city and county government services and methods for operating
 6-7     the services under the new El Paso Metro government and in
 6-8     preparing any proposed charter to be adopted by the El Paso Metro
 6-9     government.
6-10           (d)  On the first uniform election date after the 180th day
6-11     after the date of the election at which that constitutional
6-12     amendment is adopted, the presiding officer of the El Paso Metro
6-13     government shall be selected at an election jointly called and held
6-14     by the El Paso County commissioners court and the governing body of
6-15     the city of El Paso.
6-16           (e)  On the 270th day after the date of the election at which
6-17     that constitutional amendment is adopted, the governing body of the
6-18     El Paso Metro government shall be seated, the city of El Paso is
6-19     consolidated into the government of El Paso County, and the El Paso
6-20     Metro government is formed.
6-21           SECTION 3.  This proposed constitutional amendment shall be
6-22     submitted to the voters at an election to be held November 6, 2001.
6-23     The ballot shall be printed to permit voting for or against the
6-24     proposition:  "The constitutional amendment to create a
6-25     consolidated El Paso Metro government by consolidating El Paso
6-26     County and certain political subdivisions in El Paso County."