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proposing a constitutional amendment authorizing the legislature |
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to allow cities or counties to enter into interlocal contracts with |
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other cities or counties without the imposition of a tax or the |
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provision of a sinking fund. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5, Article XI, Texas Constitution, is |
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amended to read as follows: |
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Sec. 5. (a) Cities having more than five thousand (5000) |
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inhabitants may, by a majority vote of the qualified voters of said |
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city, at an election held for that purpose, adopt or amend their |
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charters. If the number of inhabitants of cities that have adopted |
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or amended their charters under this section is reduced to five |
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thousand (5000) or fewer, the cities still may amend their charters |
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by a majority vote of the qualified voters of said city at an |
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election held for that purpose. The adoption or amendment of |
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charters is subject to such limitations as may be prescribed by the |
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Legislature, and no charter or any ordinance passed under said |
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charter shall contain any provision inconsistent with the |
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Constitution of the State, or of the general laws enacted by the |
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Legislature of this State. Said cities may levy, assess and collect |
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such taxes as may be authorized by law or by their charters; but no |
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tax for any purpose shall ever be lawful for any one year, which |
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shall exceed two and one-half per cent. of the taxable property of |
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such city, and no debt shall ever be created by any city, unless at |
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the same time provision be made to assess and collect annually a |
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sufficient sum to pay the interest thereon and creating a sinking |
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fund of at least two per cent. thereon, except as provided by |
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Subsection (b). Furthermore, no city charter shall be altered, |
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amended or repealed oftener than every two years. |
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(b) To increase efficiency and effectiveness to the |
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greatest extent possible, the legislature may by general law |
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authorize cities to enter into interlocal contracts with other |
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cities or counties without meeting the assessment and sinking fund |
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requirements under Subsection (a). |
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SECTION 2. Section 7, Article XI, Texas Constitution, is |
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amended to read as follows: |
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Sec. 7. (a) All counties and cities bordering on the coast |
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of the Gulf of Mexico are hereby authorized upon a vote of the |
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majority of the qualified voters voting thereon at an election |
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called for such purpose to levy and collect such tax for |
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construction of sea walls, breakwaters, or sanitary purposes, as |
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may now or may hereafter be authorized by law, and may create a debt |
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for such works and issue bonds in evidence thereof. But no debt for |
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any purpose shall ever be incurred in any manner by any city or |
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county unless provision is made, at the time of creating the same, |
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for levying and collecting a sufficient tax to pay the interest |
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thereon and provide at least two per cent (2%) as a sinking fund, |
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except as provided by Subsection (b); and the condemnation of the |
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right of way for the erection of such works shall be fully provided |
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for. |
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(b) To increase efficiency and effectiveness to the |
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greatest extent possible, the legislature may by general law |
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authorize cities or counties to enter into interlocal contracts |
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with other cities or counties without meeting the tax and sinking |
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fund requirements under Subsection (a). |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 8, 2011. |
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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 the |
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legislature to allow cities or counties to enter into interlocal |
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contracts with other cities or counties without the imposition of a |
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tax or the provision of a sinking fund." |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.J.R. No. 26 was adopted by the Senate |
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on March 31, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.J.R. No. 26 was adopted by the House |
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on May 24, 2011, by the following vote: Yeas 144, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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