79R1053 DRH-D
By: Shapleigh S.J.R. No. 9
A JOINT RESOLUTION
proposing a constitutional amendment to create a consolidated El
Paso Metro Government by consolidating El Paso County and the City
of El Paso.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 64A to read as follows:
Sec. 64A. (a) The City of El Paso and all of the functions
and agencies of the city, including functions and agencies relating
to utilities and transportation and including all entities operated
or controlled by the city, are consolidated and integrated into El
Paso County to form the El Paso Metro Government.
(b) As a result of Subsection (a), the powers and duties of
the El Paso Metro Government applying throughout the area of the
metro government are:
(1) the cumulative powers and duties established by
constitutional or statutory provisions applying generally to
counties or specifically to El Paso County or applying generally to
municipalities or home-rule municipalities or specifically to the
City of El Paso; and
(2) any additional powers and duties granted by this
constitution or other law.
(c) On the date of the consolidation of the City of El Paso
into El Paso County, the El Paso Metro Government shall assume all
the powers, duties, responsibilities, rights, privileges, assets,
obligations, and liabilities of the county and the city.
(d) Following the consolidation of the City of El Paso into
El Paso County, the Commissioners Court of El Paso County is
abolished and all of its functions and agencies are transferred to
the El Paso Metro Government, and the office of El Paso County Judge
and the constitutional County Court of El Paso County are
abolished. Except as provided by Subsection (n) of this section,
the consolidation does not affect any other office of El Paso
County, and those offices are continued as offices of the El Paso
Metro Government.
(e) This section does not diminish the powers, duties, and
functions of a municipality in El Paso County that is not
consolidated into the El Paso Metro Government. The boundaries of a
municipality in El Paso County that is not consolidated into the El
Paso Metro Government are the boundaries of the municipality,
exclusive of the municipality's extraterritorial jurisdiction, as
the boundaries exist on the date of the consolidation of the City of
El Paso into El Paso County and as the boundaries may be changed on
or before the first anniversary of the date of the consolidation. A
municipality in El Paso County that is not consolidated into the El
Paso Metro Government keeps its area of extraterritorial
jurisdiction until the first anniversary of the date of the
consolidation of the City of El Paso and El Paso County. On the date
of that first anniversary, that municipality ceases to have any
area of extraterritorial jurisdiction.
(f) The governing body of the El Paso Metro Government is
initially composed of:
(1) the four county commissioners of El Paso County
who are serving as county commissioners on the day before the date
of the consolidation of the City of El Paso into El Paso County;
(2) the eight members of the El Paso City Council who
are serving as members of the El Paso City Council on the day before
the date of the consolidation of the City of El Paso into El Paso
County; and
(3) a presiding officer elected at large in El Paso
County.
(g) The initial terms of the members of the governing body
of the El Paso Metro Government expire on January 1 following the
second anniversary of the date of the consolidation of the City of
El Paso into El Paso County.
(h) The presiding officer is elected at large in El Paso
County. The terms of the presiding officer and the other members of
the governing body of the El Paso Metro Government are three years.
For constitutional and statutory purposes, the presiding officer of
the El Paso Metro Government has the same authority to act as a
county judge of a county and as a mayor of a municipality.
(i) Unless the charter adopted under Subsection (k)
provides differently, after the initial terms of the members of the
governing body of the El Paso Metro Government expire, the
governing body of the El Paso Metro Government is composed of:
(1) eight members, each of whom resides in and is
elected from a single-member district that has been determined by
the governing body of the El Paso Metro Government; and
(2) a presiding officer elected at large in El Paso
County.
(j) To stagger the terms of the members of the governing
body, the first group of members of the governing body of the El
Paso Metro Government elected under Subsection (i) shall draw lots
to determine which three members shall serve one-year terms, which
three members shall serve two-year terms, and which three members
shall serve three-year terms.
(k) The governing body of the El Paso Metro Government, in
the same manner as a home-rule municipality, may adopt a charter to
govern the operation of the El Paso Metro Government. The charter
may specifically:
(1) provide for the title, qualifications, term of
office, powers, or duties of a member of the governing body of the
El Paso Metro Government, including the presiding officer; and
(2) provide for changes in the title, qualifications,
terms of office, powers, duties, or other features of the governing
body of the El Paso Metro Government.
(l) The governing body of the El Paso Metro Government shall
establish distinct service districts in the area of the
consolidated county government that provide for district taxes that
are graduated by area and based on the level of services provided to
the service district by the El Paso Metro Government. A state law
that lists, defines, or distinguishes between the governmental and
proprietary functions of a municipality applies to the El Paso
Metro Government as if it were a municipality unless the law
specifically addresses metro governments.
(m) A charter adopted under this section may also include
provisions to:
(1) protect the employees of the consolidated
political subdivisions;
(2) coordinate the charter with the law governing
annexation;
(3) structure the governing body and the service
districts and allocate the debt service obligations of the El Paso
Metro Government to ensure equity among the voters and taxpayers of
the El Paso Metro Government; and
(4) with the consent of the affected political
subdivisions or as the legislature may provide by law, consolidate
other political subdivisions located in El Paso County and their
powers and duties into the El Paso Metro Government.
(n) The sheriff of El Paso County is the chief law
enforcement officer of the El Paso Metro Government. The sheriff
and all other surviving offices of El Paso County and any applicable
district offices stand in relation to the governing body of the El
Paso Metro Government as they would otherwise stand in relation to a
commissioners court for El Paso County.
(o) The creation of single-member districts under
Subsection (i)(1) does not create precincts or increase the number
of precincts created under Section 18, Article V, of this
Constitution. The governing body of the El Paso Metro Government
may divide the county into precincts under Section 18, Article V, of
this Constitution for any purpose other than representation on the
commissioners court of a county.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 79th Legislature,
Regular Session, 2005, to create a consolidated El Paso Metro
Government by consolidating El Paso County and the City of El Paso.
This provision expires December 1, 2007.
(b) That constitutional amendment takes effect only if, at
the statewide election at which that constitutional amendment is
submitted to the voters, a majority of the voters of El Paso County
voting on the question at that election also favor the amendment.
(c) If that constitutional amendment is approved by the
voters and will take effect, the commissioners court of El Paso
County and the governing body of the City of El Paso shall promptly
meet after the amendment is approved by the voters and jointly
confer regarding the creation of the El Paso Metro Government. The
meeting shall include planning for the consolidation of the city
and county government services and methods for operating the
services under the El Paso Metro Government. A primary
consideration at the meeting is to ensure that both the
Commissioners Court of El Paso County and the governing body of the
City of El Paso plan for the smooth and efficient transfer of
services to the governing body of the El Paso Metro Government and
that the high level of quality and quantity of the government
services, particularly services related to the public health,
safety, and welfare, are continued. Both governing bodies may also
draft for approval by the El Paso Metro Government any proposed
charter to be adopted by the El Paso Metro Government. Both
governing bodies may jointly appoint advisory committees to assist
the governing bodies in planning for the consolidation of the city
and county government services and methods for operating the
services under the new El Paso Metro Government and in preparing any
proposed charter to be adopted by the El Paso Metro Government.
(d) On the first uniform election date after the 180th day
after the date of the election at which that constitutional
amendment is approved by the voters, the presiding officer of the El
Paso Metro Government shall be selected at an election jointly held
by the Commissioners Court of El Paso County and the governing body
of the City of El Paso.
(e) On the 270th day after the date of the election at which
that constitutional amendment is approved by the voters, the
governing body of the El Paso Metro Government shall be seated, the
City of El Paso is consolidated into the government of El Paso
County, and the El Paso Metro Government is formed.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2005.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to create a
consolidated El Paso Metro Government by consolidating El Paso
County and the City of El Paso."