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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the adoption of |
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county home-rule charters. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article IX, Texas Constitution, is amended by |
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adding Section 3 to read as follows: |
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Sec. 3. (a) A county with a population of 5,000 or more |
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according to the most recent United States decennial census may by |
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majority vote of the qualified voters of the county at an election |
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held for that purpose adopt a county home-rule charter to assume the |
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powers appropriate to home rule as provided by this section. A |
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county may by a majority vote of the qualified voters of the county |
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amend its county home-rule charter to include other powers, |
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functions, duties, and rights that may be provided for counties by |
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the constitution or statutes of this state. The adoption of a |
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county home-rule charter under this section is subject to the |
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limitations as may be prescribed by statute. No county home-rule |
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charter or order adopted by a county under a county home-rule |
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charter may contain a provision inconsistent with the constitution |
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or statutes of this state. |
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(b) A county home-rule charter may provide for the |
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continuance of the commissioners court of the county to serve as the |
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governing body of the county or may provide for a governing body |
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otherwise constituted. If a county home-rule charter provides for |
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an alternately constituted governing body, the members of the |
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governing body must be elected, and the charter must provide for a |
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plan of representation and the qualifications, terms, conditions of |
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tenure, and compensation of members of the governing body. The |
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terms of service for members of an alternately constituted |
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governing body under this subsection may exceed two years but may |
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not exceed six years. In addition to the powers and duties provided |
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by the county home-rule charter, an alternately constituted |
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governing body under this subsection shall exercise the powers and |
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discharge the duties that, in the absence of the provisions of this |
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subsection, would devolve by law on members of the commissioners |
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court of the county. |
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(c) A county home-rule charter may provide for the |
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organization, reorganization, establishment, and administration of |
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the government of the county, including the control and regulation |
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of the performance of and the compensation for all duties required |
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in the conduct of the county affairs. A county home-rule charter |
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may provide that judges of county courts, including the county |
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court designated in this constitution, and justices of the peace be |
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compensated on a salary basis in lieu of fees. The jurisdiction of |
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the county court designated in this constitution, and the duties of |
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the judge of the county court, may be confined to that general |
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jurisdiction of a probate court. A county home-rule charter may |
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provide that the justices of the peace may be elected or appointed. |
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Except as provided by this subsection, a county home-rule charter |
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may not provide for altering the jurisdiction or procedure of any |
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court. A county home-rule charter as to all judicial officers, |
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other than district judges, may prescribe the qualifications for |
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service, provided that the standards may not be lower than the |
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standards fixed by statute. The duties of a district attorney or |
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county attorney may be confined to representing the state in civil |
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cases to which the state is a party and to enforcement of the |
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state's criminal laws. The compensation for district attorneys and |
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county attorneys may be fixed on a salary basis in lieu of fees. |
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(d) A county home-rule charter may grant the governing body |
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of the county the power to create, consolidate, or abolish any |
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office or department created by constitution or statute and, for |
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any office or department affected, define the duties, fix the |
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compensation for service, make the office elective or appointive, |
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and prescribe the time, qualifications, and conditions for tenure |
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in the office. A county home-rule charter may not, except as |
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provided by this section, regulate the status, service, duties, or |
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compensation of members of the legislature, judges of the courts, |
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district attorneys, county attorneys, or any office established by |
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statute required to be filled by an election in more than one |
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county. At the time a county home-rule charter is adopted, all |
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terms of county officers and all contracts for providing service by |
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deputies under county officers may be subject to termination by the |
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administrative body of the county as provided by the county |
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home-rule charter, and the county is not liable as a result of any |
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termination. |
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(e) A county that adopts a county home-rule charter may, by |
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charter provision, levy, assess, and collect taxes and fix the |
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maximum rate for ad valorem taxes to be levied for specific purposes |
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in accordance with the constitution or statutes of this state, |
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provided that the limit of the aggregate taxes that may be levied, |
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assessed, and collected may not exceed the limit or total fixed by |
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this constitution to control counties, and the annual assessment on |
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real, personal, and mixed property is a first, superior, and prior |
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lien on property. |
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(f) A county that adopts a county home-rule charter may |
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borrow money for all purposes lawful under its charter, including |
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the refunding of a lawful debt, in a manner conforming to the |
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statutes of the state, and may issue obligations. The obligations, |
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other than those to refund a lawful debt, are not valid unless |
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authorized by a majority of the qualified voters of the area |
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affected by the taxes required to retire the obligations. |
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(g) A county home-rule charter may authorize the governing |
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body of the county to prescribe the schedule of fees to be charged |
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by the officers of the county for a specified service, to be in lieu |
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of the schedule for fees prescribed by statute and to provide for |
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the appropriate disposition of the fees, provided that no fee for a |
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specified service may exceed in amount the fee fixed by statute for |
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that same service. |
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(h) A county home-rule charter shall provide for the |
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abandonment, revocation, and amendment of the charter by the |
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majority vote of the qualified voters of the county. A county |
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home-rule charter may not forbid an amendment for a period greater |
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than two years. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing counties |
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by majority vote of the qualified voters of the county to adopt a |
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county home-rule charter." |