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."