Texas House Bill HJR95

Texas 2009 - 81st Regular

Caption

Proposing a constitutional amendment authorizing the adoption of county home-rule charters.

Impact

The adoption of a county home-rule charter would empower local governments to self-govern in ways that extend beyond existing statutory limitations, potentially leading to a more tailored approach in addressing local needs. Counties could redefine their administrative structures, organizing governance bodies differently than the traditional commissioners court. This ability to craft a home-rule charter could lead to significant changes in county governance, including modifications to how county officers are elected or appointed, and how judges' compensation is managed.

Summary

HJR95 is a proposed joint resolution that aims to amend Article IX of the Texas Constitution to authorize counties with a population of 5,000 or more to adopt home-rule charters. This constitutional amendment would enable these counties to assume specific powers typically reserved for home-rule jurisdictions, provided that such charters are established by a majority vote of qualified voters in the respective counties. It also outlines the criteria and governance structures that can be included in these charters, such as the management of county courts and provisions for elected officials.

Contention

While proponents of HJR95 contend that granting home-rule authority is essential for allowing localities to address their unique challenges effectively, opponents may express concerns that such changes could lead to inconsistencies in governance across counties. There is also the fear that not all counties would have the same capacity or resources to implement a home-rule charter effectively, which could result in disparities in local governance quality. Additionally, the amendment stipulates that any charter must remain consistent with state law, which could limit how much autonomy counties truly possess.