82R3271 MXM-D
By: Larson H.B. No. 431
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of a county charter by Bexar County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Local Government Code, is amended by
adding Subtitle C to read as follows:
SUBTITLE C. COUNTY CHARTER
CHAPTER 92. COUNTY CHARTER IN BEXAR COUNTY
Sec. 92.001. APPOINTMENT OF CHARTER COMMISSION BY
COMMISSIONERS COURT. (a) The Commissioners Court of Bexar County
may at any time appoint the members of a commission to draft a
charter under Section 64A, Article III, Texas Constitution. The
appointed members shall represent:
(1) the unincorporated area of Bexar County; and
(2) municipalities, other than San Antonio, located
wholly or partly in Bexar County.
(b) If the Commissioners Court of Bexar County is notified
of the intention of the governing body of San Antonio to appoint a
charter commission under Section 92.002(a) or if the commissioners
court is petitioned to appoint a charter commission under Section
92.003, the Commissioners Court of Bexar County shall appoint the
members of a commission to draft a charter. The appointed members
shall represent:
(1) the unincorporated area of Bexar County; and
(2) municipalities, other than San Antonio, located
wholly or partly in Bexar County.
Sec. 92.002. APPOINTMENT OF CHARTER COMMISSION BY SAN
ANTONIO GOVERNING BODY. (a) The governing body of San Antonio may
at any time appoint the members representing San Antonio on a
commission to draft a charter for Bexar County under Section 64A,
Article III, Texas Constitution.
(b) The governing body of San Antonio shall appoint the
members representing San Antonio on a commission to draft a charter
for Bexar County if the governing body is notified of the
commissioners court's intention to appoint a charter commission
under Section 92.001(a) or 92.004(b).
Sec. 92.003. INITIATION OF CHARTER PROCESS BY PETITION. A
petition for the appointment of a charter commission must:
(1) be filed with the office of the county clerk of
Bexar County;
(2) be signed by a number of registered voters of Bexar
County at least equal to 10 percent of the number of votes received
for governor in the county in the most recent gubernatorial
election; and
(3) comply with the applicable requirements of general
law relating to a petition authorized or required to be filed in
connection with an election.
Sec. 92.004. VERIFICATION OF PETITION. (a) Not later than
the 30th day after the date the petition is filed with the county
clerk, the clerk shall determine whether the petition meets the
requirements of Section 92.003 and shall certify in writing to the
commissioners court whether the petition is valid or invalid.
(b) If the county clerk certifies that the petition is
valid, the commissioners court shall make its appointments to a
charter commission not later than the 120th day after the date the
commissioners court receives the clerk's certification.
(c) If the petition is certified as invalid, the county
clerk shall state the reason for that determination. A person
circulating the petition has 60 days after the date of
certification to submit additional petitions or signatures to cure
the determination of a deficiency, and the clerk, not later than the
21st day after the filing of the additional petitions or
signatures, shall determine whether the additional petitions or
signatures are sufficient to cure the deficiency and shall certify
that determination to the commissioners court.
Sec. 92.005. NOTIFICATION TO POLITICAL SUBDIVISIONS. (a)
Not later than the 30th day after the date the commissioners court
is required to appoint a charter commission under Section 92.004(b)
or after the date the commissioners court decides to appoint a
charter commission without a petition under Section 92.001(a), the
commissioners court shall give notice to the governing body of each
municipality having any portion of its area in Bexar County of the
commissioners court's intention to appoint a charter commission.
The notice to the governing body of San Antonio must specify the
number of commission members who are appointed to represent San
Antonio on the commission under Section 92.006.
(b) Not later than the 30th day after the date the governing
body of San Antonio decides to appoint a charter commission under
Section 92.002(a), the governing body of San Antonio shall give
notice to the commissioners court and to the governing body of each
municipality having any portion of its area in Bexar County of the
San Antonio governing body's intention to appoint a charter
commission. The notice to the commissioners court must specify the
number of commission members who are to be appointed to represent
other municipalities in Bexar County and the unincorporated area on
the commission under Section 92.006.
Sec. 92.006. COMMISSION COMPOSITION. (a) The members of
the charter commission shall be divided between members appointed
by the governing body of San Antonio and members appointed by the
commissioners court, as nearly as possible based on the ratio of San
Antonio's population in Bexar County to the population of the
remainder of Bexar County. The total number of members of the
charter commission shall be determined by the commissioners court
if the court initiates the appointment of the commission or if the
court is petitioned to appoint a commission. The total number of
members of the charter commission shall be determined by the
governing body of San Antonio if the governing body of San Antonio
initiates the appointment of the commission.
(b) If the governing body of San Antonio fails to appoint
members within 60 days after the date of receiving notice of the
commissioners court's intent to appoint a charter commission, the
commissioners court shall appoint the requisite number of San
Antonio residents to the commission. If the commissioners court
fails to appoint members within 60 days after the date of receiving
notice of the San Antonio governing body's intent to appoint a
charter commission, the governing body of San Antonio shall appoint
the requisite number of residents of the unincorporated area and of
other municipalities in Bexar County to the commission.
(c) The membership of the charter commission, other than the
members representing San Antonio, must be reasonably balanced
between residents of other incorporated municipalities in Bexar
County and residents of the unincorporated area of Bexar County.
Sec. 92.007. PREPARATION OF CHARTER. (a) The charter
commission shall prepare the charter. The charter commission shall
file its proposed charter with the commissioners court on or before
the second anniversary of the date the first appointment to the
commission is made.
(b) When the proposed charter is filed with the
commissioners court, the commissioners court shall submit the
charter to the United States Department of Justice for preclearance
under Section 5, Voting Rights Act of 1965 (42 U.S.C. Section
1973c). If the requirement for preclearance under that Act is not
applicable to the proposed charter, the commissioners court shall
submit the charter to the attorney general. The attorney general
shall determine whether the adoption of the proposed charter would
result in any retrogression in the effective voting strength of
minority populations in the county, under standards and analyses
similar to the standards and analyses applied to proposed local
government charters under the federal Voting Rights Act.
(c) If the proposed charter is precleared or the attorney
general determines that no retrogression would occur, the
commissioners court by order shall call an election to approve the
charter as proposed by the charter commission on the first uniform
election date after the date the proposed charter is filed with the
commissioners court that allows sufficient time to comply with
applicable requirements of general law.
(d) If the proposed charter is not precleared or the
attorney general determines that adoption of the proposed charter
would result in retrogression in the effective voting strength of
minority populations, the commissioners court shall return the
charter one time to the charter commission for revision and
refiling with the commissioners court before the 180th day after
the date the charter is returned to the commission. If the revised
proposed charter also is not precleared or the attorney general
determines that retrogression still would occur, the commissioners
court shall dissolve the commission. A new charter commission may
be appointed under Section 92.001(a) or 92.002(a) or as required by
a petition under Section 92.003.
(e) On the date of the election called by the commissioners
court under Subsection (c), the charter commission is dissolved.
Sec. 92.008. ADOPTION OF CHARTER. (a) The adoption of the
charter must be initially approved at the election by a majority of
the votes received from the voters of Bexar County.
(b) If the charter provides for integration of the county
with one or more municipalities, the governing body of each
municipality, other than San Antonio, having more than one-half of
the municipality's area in Bexar County shall call an election on
the question of whether the municipality shall be integrated into
the integrated county government. The election shall be held on the
next uniform election date that is after the date the proposed
charter is approved under Subsection (a) and that allows sufficient
time to comply with applicable requirements of general law.
(c) If a majority of the votes received at an election under
Subsection (b) favor the integration, the municipality is
integrated into the county government under the terms of the
charter.
(d) If a majority of the votes received at an election under
Subsection (b) do not favor the integration, the municipality
continues to exist and function as a municipality located in the
county area according to the terms of the municipality's charter
or, if the municipality does not have a charter, according to the
terms of general law.
(e) If the charter provides for integration of the county
with municipalities, the commissioners court shall call an election
in the portion of the unincorporated area in each commissioners
precinct on the question of whether that portion of the
unincorporated area shall be integrated into an urban service
district. The election shall be held on the next uniform election
date that is after the date the proposed charter is approved under
Subsection (a) and that allows sufficient time to comply with
applicable requirements of general law.
(f) If a majority of the votes received at an election under
Subsection (e) favor the integration, the portion of the
unincorporated area in that commissioners precinct is integrated
into the urban service district under the terms of the charter.
(g) If a majority of the votes received at an election under
Subsection (e) do not favor the integration, the portion of the
unincorporated area in that commissioners precinct remains outside
the urban service district, subject to any charter provisions on
expansion of the urban service district.
(h) Following the adoption of a charter that provides for
integration of the county with municipalities and the initial
election on integration of municipalities under Subsection (c), the
county may later integrate additional municipalities, special
districts, or other political subdivisions if:
(1) the county follows the conditions of the charter,
if any, for additional governmental integration; and
(2) the majority of the votes received from the voters
of the municipality, special district, or other political
subdivision approve, at an election, the additional integration.
Sec. 92.009. GOVERNING BODY OF INTEGRATED COUNTY
GOVERNMENT. (a) In order to protect minority voting rights and
ensure equity among the voters of an integrated county government,
a charter adopted under this section that provides for integration
of the county and municipal governments must provide for a
governing body that consists of:
(1) a presiding officer elected at large;
(2) four members elected from single-member districts
that when placed together encompass the entire territory of Bexar
County; and
(3) a number of members elected from single-member
districts that when placed together encompass the territory of the
integrated county government, and that include the territory
outside Bexar County of any integrated municipalities and exclude
the territory of any unintegrated municipalities.
(b) The number of districts established under Subsection
(a)(3) must be sufficient to ensure that, in the first election
following the integration of governments, the average population of
the districts is no greater than the average population of
single-member districts of the governing body of San Antonio before
the date of the integration.
Sec. 92.010. SERVICE DISTRICTS. (a) In order to ensure
equity among the taxpayers of an integrated county government, a
charter that provides for integration of the county and
municipalities must divide the area in the integrated county
government into service districts for the purposes of taxation and
the provision of services.
(b) One district shall encompass the entire territory of
Bexar County before the date of the integration of local political
subdivisions. In this district, the services that the integrated
county government provides on an equal basis throughout the
district are financed by the levy of ad valorem taxes or other taxes
or revenues that are uniform throughout the district. This district
is the "county service district."
(c) One district shall encompass at least the entire
territory of San Antonio before the date of the integration of
municipalities. This district may be expanded to coincide with the
growth of urbanized areas, outside the territory and
extraterritorial jurisdiction of unintegrated municipalities, as
provided by the charter. In this district, the incremental
services provided by the integrated county government, in addition
to services provided by the county service district or at a higher
level than the services provided by the county service district,
are financed by an additional levy of ad valorem taxes or by the
imposition of additional taxes or revenue raised solely in the
district. This district is the "urban service district."
(d) One district shall encompass both the urban service
district and all other territory of the integrated county
government outside of unintegrated municipalities. In this
district, incremental services provided by the integrated local
government are financed by the additional levy of ad valorem taxes
or by additional taxes or revenue raised solely in the district.
This district is the "general services district."
(e) If a municipality other than San Antonio is integrated
into the county government under Section 92.008(c), or if a
municipality that remains unintegrated in the initial election
following the adoption of the charter is integrated into the county
government, the municipality may either be added to the urban
service district established under Section 92.010(c) or become an
additional and separate urban service district, as provided by the
charter.
Sec. 92.011. AD VALOREM TAXES. In order to ensure equity
among the taxpayers of an integrated county government, a charter
that provides for integration of other political subdivisions must
provide that an ad valorem tax levied for debt service of the
general obligation debt that was authorized or issued by any
integrated municipality, any special district, or any other
political subdivision that is a part of the integrated county
government shall continue to be levied:
(1) only in the area of the urban service district that
replaces the integrated municipality; and
(2) only in the area of the special district or other
political subdivision that is integrated.
Sec. 92.012. CONSOLIDATION OF EMPLOYEES. A charter that
provides for integration of other political subdivisions must
provide that every employee, other than an elected official, of the
county and of every municipality, special district, or other
political subdivision that becomes integrated into the integrated
county government, whose position is abolished as a result of the
integration of political subdivisions or whose position is
abolished within two years after the date of the adoption of the
charter by a reduction in force or administrative reorganization,
must be offered alternative employment by the integrated county
government at a salary at least equal to the salary of the abolished
position and with substantially equal employee and retirement
benefits.
Sec. 92.013. RETIREMENT BENEFITS. (a) A charter that
provides for integration of local political subdivisions must
provide for the continuation of the pension fund or the retirement
system contributions by both the integrated county government and
the employees of the integrated county government that would have
been made by the former county government, the integrated
municipalities, special districts, or other political subdivisions
and the employees of those governments before the adoption of the
charter.
(b) Employees of the integrated county government hired
after the adoption of the charter shall be placed in an appropriate
pension fund or retirement system.
Sec. 92.014. COLLECTIVE BARGAINING. A charter that provides
for integration of other political subdivisions may not diminish
the rights of any employees of the integrated county government to
organize, to meet and confer, and to bargain collectively with the
officials of the integrated county government over wages, hours of
work, and other terms of employment as provided by state law.
Sec. 92.015. ANNEXATION. (a) A charter that provides for
integration of municipalities must, within Bexar County, establish
procedures for the progressive territorial expansion of the urban
service district to reflect the growth of the urbanized area.
(b) In areas outside Bexar County, the integrated county
government may take any action in respect to the urban service
district that a municipality having the same size and population as
the urban service district may take to annex territory to the
district, to extend the district's extraterritorial jurisdiction,
or to alter the boundaries of the district under this code.
(c) The extraterritorial jurisdiction located in Bexar
County of a municipality that is not integrated under this chapter
may not be expanded as a consequence of annexation by the
municipality. The municipality may engage in boundary adjustments
by agreement with the integrated county government.
SECTION 2. This Act takes effect on the date on which the
constitutional amendment proposed by the 82nd Legislature, Regular
Session, 2011, adding Section 64A, Article III, Texas Constitution,
and providing for the adoption of a county charter in certain
counties is approved by the voters. If that amendment is not
approved by the voters, this Act has no effect.