By: West S.J.R. No. 26
(Turner)
proposing a constitutional amendment authorizing the legislature
to allow cities or counties to enter into interlocal contracts with
other cities or counties without the imposition of a tax or the
provision of a sinking fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5, Article XI, Texas Constitution, is
amended to read as follows:
Sec. 5. (a) Cities having more than five thousand (5000)
inhabitants may, by a majority vote of the qualified voters of said
city, at an election held for that purpose, adopt or amend their
charters. If the number of inhabitants of cities that have adopted
or amended their charters under this section is reduced to five
thousand (5000) or fewer, the cities still may amend their charters
by a majority vote of the qualified voters of said city at an
election held for that purpose. The adoption or amendment of
charters is subject to such limitations as may be prescribed by the
Legislature, and no charter or any ordinance passed under said
charter shall contain any provision inconsistent with the
Constitution of the State, or of the general laws enacted by the
Legislature of this State. Said cities may levy, assess and collect
such taxes as may be authorized by law or by their charters; but no
tax for any purpose shall ever be lawful for any one year, which
shall exceed two and one-half per cent. of the taxable property of
such city, and no debt shall ever be created by any city, unless at
the same time provision be made to assess and collect annually a
sufficient sum to pay the interest thereon and creating a sinking
fund of at least two per cent. thereon, except as provided by
Subsection (b). Furthermore, no city charter shall be altered,
amended or repealed oftener than every two years.
(b) To increase efficiency and effectiveness to the
greatest extent possible, the legislature may by general law
authorize cities to enter into interlocal contracts with other
cities or counties without meeting the assessment and sinking fund
requirements under Subsection (a).
SECTION 2. Section 7, Article XI, Texas Constitution, is
amended to read as follows:
Sec. 7. (a) All counties and cities bordering on the coast
of the Gulf of Mexico are hereby authorized upon a vote of the
majority of the qualified voters voting thereon at an election
called for such purpose to levy and collect such tax for
construction of sea walls, breakwaters, or sanitary purposes, as
may now or may hereafter be authorized by law, and may create a debt
for such works and issue bonds in evidence thereof. But no debt for
any purpose shall ever be incurred in any manner by any city or
county unless provision is made, at the time of creating the same,
for levying and collecting a sufficient tax to pay the interest
thereon and provide at least two per cent (2%) as a sinking fund,
except as provided by Subsection (b); and the condemnation of the
right of way for the erection of such works shall be fully provided
for.
(b) To increase efficiency and effectiveness to the
greatest extent possible, the legislature may by general law
authorize cities or counties to enter into interlocal contracts
with other cities or counties without meeting the tax and sinking
fund requirements under Subsection (a).
SECTION 3. 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 authorizing the
legislature to allow cities or counties to enter into interlocal
contracts with other cities or counties without the imposition of a
tax or the provision of a sinking fund."