82R2403 MXM-D
By: Larson H.J.R. No. 44
A JOINT RESOLUTION
proposing a constitutional amendment to allow the voters of certain
counties to adopt a charter that restructures and empowers the
county government and that may allow the integration of the county
government with certain other political subdivisions located
wholly or partly in the county.
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) A county with a population of 100,000 or more,
or a county that is included in a federal metropolitan statistical
area and that is adjacent to a county with a population of 100,000
or more, may adopt a county charter. The county charter may
integrate the county government with other local political
subdivisions allowed under this section.
(b) The charter may:
(1) provide for the title, qualifications, term of
office, powers, or duties of an office of chief elected official
that replaces the office of county judge;
(2) provide for the structure, number of members,
qualifications, terms of office, powers, duties, or other features
of a governing body that replaces the commissioners court;
(3) modify the powers, duties, or functions of a
county official that is established by another section of this
constitution, if the charter otherwise continues all of the
established functions of county government;
(4) merge the office of an elected county official
that is established by another section of this constitution with
the office of another county official, if the charter otherwise
continues all of the established functions of both offices; and
(5) provide for the abolition of the office of an
elected county official that is established by another section of
this constitution, on the approval of a majority of the voters
voting on the question in a separate election held at least one year
after the initial election on the adoption of the charter.
(c) The abolition of an office under Subsection (b)(5) is
effective at the earlier of:
(1) the conclusion of the regular term of the office
holder at the time of the election to abolish the office; or
(2) the date the office becomes vacant.
(d) The charter may also integrate the county government and
the government of any other municipality, special district or
authority, or any other political subdivision, other than a school
district, if:
(1) more than one-half of the area of the political
subdivision to be integrated is located in the county; and
(2) the integration of political subdivisions
includes the most populous municipality in the county.
(e) The powers and duties of a county that adopts a charter
under this section are:
(1) the powers and duties established by the charter
that are not inconsistent with a constitutional or statutory
provision expressly applying to a charter county; and
(2) any additional powers and duties granted by this
constitution or general law.
(f) If the charter integrates the county with other local
political subdivisions under Subsection (d), the powers and duties
of the integrated county government are also the cumulative powers
and duties of the political subdivisions that are integrated. The
charter may not diminish the powers, duties, and functions of a
municipality that is not integrated with the county.
(g) If a charter integrates the county with other political
subdivisions, the charter shall transfer to the county all the
powers, duties, responsibilities, rights, privileges, assets,
obligations, and liabilities of the integrated municipality,
special district or authority, or other political subdivision.
(h) If a municipality that is integrated into a county
government has extraterritorial jurisdiction outside the county,
or if any portion of an integrated municipality, special district
or authority, or other political subdivision is located outside the
county, the integrated county government's powers and duties
outside the county are limited to those powers and duties that the
integrated political subdivision would have had in the absence of
the governmental integration.
(i) A charter that integrates the county with other
political subdivisions must establish distinct service districts
in the area of the integrated 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 integrated county
government.
(j) Except for a constitutional or statutory provision
expressly applying to a charter county, a charter adopted under
this section controls on an issue relating to the structure,
powers, duties, functions, or governance of the county.
(k) The legislature, by local law or general law, shall
establish the procedures for the appointment or election of a
charter commission and for the adoption of a charter under this
section. The procedures for appointment or election of a charter
commission must include alternative procedures to initiate the
creation of a charter commission by action of the commissioners
court, by action of the governing body of the most populous
municipality in the county, or by petition of residents. The
legislative action may include any additional guarantees or other
provisions that the legislature considers appropriate to require in
a charter to protect minority voting rights. In the case of a
charter that integrates the county with other political
subdivisions, the legislative action may also include provisions
to:
(1) protect the employees of political subdivisions
that may become integrated under the county charter;
(2) coordinate the charter with the law governing
annexation; and
(3) structure the governing body and the service
districts and to allocate the debt service obligations of an
integrated county government to ensure equity among the voters and
taxpayers of the integrated county government.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to allow the voters of
counties with a population of 100,000 or more, and of certain
adjacent counties, to adopt a charter that restructures and
empowers the county government and that may allow the integration
of the county government with certain other political subdivisions
wholly or partly in the county."