Texas 2015 - 84th Regular

Texas House Bill HB167 Compare Versions

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1	1	84R1512 NC-D
2	2	By: Larson H.B. No. 167
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of a county charter by Bexar County.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 3, Local Government Code, is amended by
10	10	adding Subtitle C to read as follows:
11	11	SUBTITLE C. COUNTY CHARTER
12	12	CHAPTER 92. COUNTY CHARTER IN BEXAR COUNTY
13	13	Sec. 92.001. APPOINTMENT OF CHARTER COMMISSION BY
14	14	COMMISSIONERS COURT. (a) The Commissioners Court of Bexar County
15	15	may at any time appoint the members of a commission to draft a
16	16	charter under Section 64A, Article III, Texas Constitution. The
17	17	appointed members shall represent:
18	18	(1) the unincorporated area of Bexar County; and
19	19	(2) municipalities, other than San Antonio, located
20	20	wholly or partly in Bexar County.
21	21	(b) If the Commissioners Court of Bexar County is notified
22	22	of the intention of the governing body of San Antonio to appoint a
23	23	charter commission under Section 92.002(a) or if the commissioners
24	24	court is petitioned to appoint a charter commission under Section
25	25	92.003, the Commissioners Court of Bexar County shall appoint the
26	26	members of a commission to draft a charter. The appointed members
27	27	shall represent:
28	28	(1) the unincorporated area of Bexar County; and
29	29	(2) municipalities, other than San Antonio, located
30	30	wholly or partly in Bexar County.
31	31	Sec. 92.002. APPOINTMENT OF CHARTER COMMISSION BY SAN
32	32	ANTONIO GOVERNING BODY. (a) The governing body of San Antonio may
33	33	at any time appoint the members representing San Antonio on a
34	34	commission to draft a charter for Bexar County under Section 64A,
35	35	Article III, Texas Constitution.
36	36	(b) The governing body of San Antonio shall appoint the
37	37	members representing San Antonio on a commission to draft a charter
38	38	for Bexar County if the governing body is notified of the
39	39	commissioners court's intention to appoint a charter commission
40	40	under Section 92.001(a) or 92.004(b).
41	41	Sec. 92.003. INITIATION OF CHARTER PROCESS BY PETITION. A
42	42	petition for the appointment of a charter commission must:
43	43	(1) be filed with the office of the county clerk of
44	44	Bexar County;
45	45	(2) be signed by a number of registered voters of Bexar
46	46	County at least equal to 10 percent of the number of votes received
47	47	for governor in the county in the most recent gubernatorial
48	48	election; and
49	49	(3) comply with the applicable requirements of general
50	50	law relating to a petition authorized or required to be filed in
51	51	connection with an election.
52	52	Sec. 92.004. VERIFICATION OF PETITION. (a) Not later than
53	53	the 30th day after the date the petition is filed with the county
54	54	clerk, the clerk shall determine whether the petition meets the
55	55	requirements of Section 92.003 and shall certify in writing to the
56	56	commissioners court whether the petition is valid or invalid.
57	57	(b) If the county clerk certifies that the petition is
58	58	valid, the commissioners court shall make its appointments to a
59	59	charter commission not later than the 120th day after the date the
60	60	commissioners court receives the clerk's certification.
61	61	(c) If the petition is certified as invalid, the county
62	62	clerk shall state the reason for that determination. A person
63	63	circulating the petition, not later than the 60th day after the date
64	64	of certification, may submit additional petitions or signatures to
65	65	cure the determination of a deficiency, and the clerk, not later
66	66	than the 21st day after the date the additional petitions or
67	67	signatures are filed, shall determine whether the additional
68	68	petitions or signatures are sufficient to cure the deficiency and
69	69	shall certify that determination to the commissioners court.
70	70	Sec. 92.005. NOTIFICATION TO POLITICAL SUBDIVISIONS. (a)
71	71	Not later than the 30th day after the date the commissioners court
72	72	is required to appoint a charter commission under Section 92.004(b)
73	73	or after the date the commissioners court decides to appoint a
74	74	charter commission without a petition under Section 92.001(a), the
75	75	commissioners court shall give notice to the governing body of each
76	76	municipality having any portion of its area in Bexar County of the
77	77	commissioners court's intention to appoint a charter commission.
78	78	The notice to the governing body of San Antonio must specify the
79	79	number of commission members who are to be appointed to represent
80	80	San Antonio on the commission under Section 92.006.
81	81	(b) Not later than the 30th day after the date the governing
82	82	body of San Antonio decides to appoint a charter commission under
83	83	Section 92.002(a), the governing body of San Antonio shall give
84	84	notice to the commissioners court and to the governing body of each
85	85	municipality having any portion of its area in Bexar County of the
86	86	San Antonio governing body's intention to appoint a charter
87	87	commission. The notice to the commissioners court must specify the
88	88	number of commission members who are to be appointed to represent
89	89	other municipalities in Bexar County and the unincorporated area on
90	90	the commission under Section 92.006.
91	91	Sec. 92.006. COMMISSION COMPOSITION. (a) The members of
92	92	the charter commission shall be divided between members appointed
93	93	by the governing body of San Antonio and members appointed by the
94	94	commissioners court, as nearly as possible based on the ratio of San
95	95	Antonio's population in Bexar County to the population of the
96	96	remainder of Bexar County. The total number of members of the
97	97	charter commission shall be determined by the commissioners court
98	98	if the court initiates the appointment of the commission or if the
99	99	court is petitioned to appoint a commission. The total number of
100	100	members of the charter commission shall be determined by the
101	101	governing body of San Antonio if the governing body of San Antonio
102	102	initiates the appointment of the commission.
103	103	(b) If the governing body of San Antonio fails to appoint
104	104	members on or before the 60th day after the date of receiving notice
105	105	of the commissioners court's intent to appoint a charter
106	106	commission, the commissioners court shall appoint the requisite
107	107	number of San Antonio residents to the commission. If the
108	108	commissioners court fails to appoint members on or before the 60th
109	109	day after the date of receiving notice of the San Antonio governing
110	110	body's intent to appoint a charter commission, the governing body
111	111	of San Antonio shall appoint the requisite number of residents of
112	112	the unincorporated area and of other municipalities in Bexar County
113	113	to the commission.
114	114	(c) The membership of the charter commission, other than the
115	115	members representing San Antonio, must be reasonably balanced
116	116	between residents of other incorporated municipalities in Bexar
117	117	County and residents of the unincorporated area of Bexar County.
118	118	Sec. 92.007. PREPARATION OF CHARTER. (a) The charter
119	119	commission shall prepare the charter. The charter commission shall
120	120	file its proposed charter with the commissioners court on or before
121	121	the second anniversary of the date the first appointment to the
122	122	commission is made.
123	123	(b) The commissioners court by order shall call an election
124	124	to approve the charter as proposed by the charter commission on the
125	125	first uniform election date after the date the proposed charter is
126	126	filed with the commissioners court that allows sufficient time to
127	127	comply with applicable requirements of general law.
128	128	(c) On the date of the election called by the commissioners
129	129	court under Subsection (b), the charter commission is dissolved.
130	130	Sec. 92.008. ADOPTION OF CHARTER. (a) The adoption of the
131	131	charter must be initially approved at the election by a majority of
132	132	the votes received from the voters of Bexar County.
133	133	(b) If the charter provides for integration of the county
134	134	with one or more municipalities, the governing body of each
135	135	municipality, other than San Antonio, having more than one-half of
136	136	the municipality's area in Bexar County shall call an election on
137	137	the question of whether the municipality shall be integrated into
138	138	the integrated county government. The election shall be held on the
139	139	next uniform election date that is after the date the proposed
140	140	charter is approved under Subsection (a) and that allows sufficient
141	141	time to comply with applicable requirements of general law.
142	142	(c) If a majority of the votes received at an election under
143	143	Subsection (b) favor the integration, the municipality is
144	144	integrated into the county government under the terms of the
145	145	charter.
146	146	(d) If a majority of the votes received at an election under
147	147	Subsection (b) do not favor the integration, the municipality
148	148	continues to exist and function as a municipality located in the
149	149	county area according to the terms of the municipality's charter
150	150	or, if the municipality does not have a charter, according to the
151	151	terms of general law.
152	152	(e) If the charter provides for integration of the county
153	153	with municipalities, the commissioners court shall call an election
154	154	in the portion of the unincorporated area in each commissioners
155	155	precinct on the question of whether that portion of the
156	156	unincorporated area shall be integrated into an urban service
157	157	district. The election shall be held on the next uniform election
158	158	date that is after the date the proposed charter is approved under
159	159	Subsection (a) and that allows sufficient time to comply with
160	160	applicable requirements of general law.
161	161	(f) If a majority of the votes received at an election under
162	162	Subsection (e) favor the integration, the portion of the
163	163	unincorporated area in that commissioners precinct is integrated
164	164	into the urban service district under the terms of the charter.
165	165	(g) If a majority of the votes received at an election under
166	166	Subsection (e) do not favor the integration, the portion of the
167	167	unincorporated area in that commissioners precinct remains outside
168	168	the urban service district, subject to any charter provisions on
169	169	expansion of the urban service district.
170	170	(h) Following the adoption of a charter that provides for
171	171	integration of the county with municipalities and the initial
172	172	election on integration of municipalities under Subsection (c), the
173	173	county may later integrate additional municipalities, special
174	174	districts, or other political subdivisions if:
175	175	(1) the county follows the conditions of the charter,
176	176	if any, for additional governmental integration; and
177	177	(2) the majority of the votes received from the voters
178	178	of the municipality, special district, or other political
179	179	subdivision approve, at an election, the additional integration.
180	180	Sec. 92.009. GOVERNING BODY OF INTEGRATED COUNTY
181	181	GOVERNMENT. (a) In order to protect minority voting rights and
182	182	ensure equity among the voters of an integrated county government,
183	183	a charter adopted under this section that provides for integration
184	184	of the county and municipal governments must provide for a
185	185	governing body that consists of:
186	186	(1) a presiding officer elected at large;
187	187	(2) four members elected from single-member districts
188	188	that when placed together encompass the entire territory of Bexar
189	189	County; and
190	190	(3) a number of members elected from single-member
191	191	districts that when placed together encompass the territory of the
192	192	integrated county government, and that include the territory
193	193	outside Bexar County of any integrated municipalities and exclude
194	194	the territory of any unintegrated municipalities.
195	195	(b) The number of districts established under Subsection
196	196	(a)(3) must be sufficient to ensure that, in the first election
197	197	following the integration of governments, the average population of
198	198	the districts is no greater than the average population of
199	199	single-member districts of the governing body of San Antonio before
200	200	the date of the integration.
201	201	Sec. 92.010. SERVICE DISTRICTS. (a) In order to ensure
202	202	equity among the taxpayers of an integrated county government, a
203	203	charter that provides for integration of the county and
204	204	municipalities must divide the area in the integrated county
205	205	government into service districts for the purposes of taxation and
206	206	the provision of services.
207	207	(b) One district shall encompass the entire territory of
208	208	Bexar County before the date of the integration of local political
209	209	subdivisions. In this district, the services that the integrated
210	210	county government provides on an equal basis throughout the
211	211	district are financed by the levy of ad valorem taxes or other taxes
212	212	or revenues that are uniform throughout the district. This district
213	213	is the "county service district."
214	214	(c) One district shall encompass at least the entire
215	215	territory of San Antonio before the date of the integration of
216	216	municipalities. This district may be expanded to coincide with the
217	217	growth of urbanized areas, outside the territory and
218	218	extraterritorial jurisdiction of unintegrated municipalities, as
219	219	provided by the charter. In this district, the incremental
220	220	services provided by the integrated county government, in addition
221	221	to services provided by the county service district or at a higher
222	222	level than the services provided by the county service district,
223	223	are financed by an additional levy of ad valorem taxes or by the
224	224	imposition of additional taxes or revenue raised solely in the
225	225	district. This district is the "urban service district."
226	226	(d) One district shall encompass both the urban service
227	227	district and all other territory of the integrated county
228	228	government outside of unintegrated municipalities. In this
229	229	district, incremental services provided by the integrated local
230	230	government are financed by the additional levy of ad valorem taxes
231	231	or by additional taxes or revenue raised solely in the district.
232	232	This district is the "general services district."
233	233	(e) If a municipality other than San Antonio is integrated
234	234	into the county government under Section 92.008(c), or if a
235	235	municipality that remains unintegrated in the initial election
236	236	following the adoption of the charter is integrated into the county
237	237	government, the municipality may either be added to the urban
238	238	service district established under Section 92.010(c) or become an
239	239	additional and separate urban service district, as provided by the
240	240	charter.
241	241	Sec. 92.011. AD VALOREM TAXES. In order to ensure equity
242	242	among the taxpayers of an integrated county government, a charter
243	243	that provides for integration of other political subdivisions must
244	244	provide that an ad valorem tax levied for debt service of the
245	245	general obligation debt that was authorized or issued by any
246	246	integrated municipality, any special district, or any other
247	247	political subdivision that is a part of the integrated county
248	248	government shall continue to be levied:
249	249	(1) only in the area of the urban service district that
250	250	replaces the integrated municipality; and
251	251	(2) only in the area of the special district or other
252	252	political subdivision that is integrated.
253	253	Sec. 92.012. CONSOLIDATION OF EMPLOYEES. A charter that
254	254	provides for integration of other political subdivisions must
255	255	provide that every employee, other than an elected official, of the
256	256	county and of every municipality, special district, or other
257	257	political subdivision that becomes integrated into the integrated
258	258	county government, whose position is abolished as a result of the
259	259	integration of political subdivisions or whose position is
260	260	abolished within two years after the date of the adoption of the
261	261	charter by a reduction in force or administrative reorganization,
262	262	must be offered alternative employment by the integrated county
263	263	government at a salary at least equal to the salary of the abolished
264	264	position and with substantially equal employee and retirement
265	265	benefits.
266	266	Sec. 92.013. RETIREMENT BENEFITS. (a) A charter that
267	267	provides for integration of local political subdivisions must
268	268	provide for the continuation of the pension fund or the retirement
269	269	system contributions by both the integrated county government and
270	270	the employees of the integrated county government that would have
271	271	been made by the former county government, the integrated
272	272	municipalities, special districts, or other political subdivisions
273	273	and the employees of those governments before the adoption of the
274	274	charter.
275	275	(b) Employees of the integrated county government hired
276	276	after the adoption of the charter shall be placed in an appropriate
277	277	pension fund or retirement system.
278	278	Sec. 92.014. COLLECTIVE BARGAINING. A charter that provides
279	279	for integration of other political subdivisions may not diminish
280	280	the rights of any employees of the integrated county government to
281	281	organize, to meet and confer, and to bargain collectively with the
282	282	officials of the integrated county government over wages, hours of
283	283	work, and other terms of employment as provided by state law.
284	284	Sec. 92.015. ANNEXATION. (a) A charter that provides for
285	285	integration of municipalities must, within Bexar County, establish
286	286	procedures for the progressive territorial expansion of the urban
287	287	service district to reflect the growth of the urbanized area.
288	288	(b) In areas outside Bexar County, the integrated county
289	289	government may take any action in respect to the urban service
290	290	district that a municipality having the same size and population as
291	291	the urban service district may take to annex territory to the
292	292	district, to extend the district's extraterritorial jurisdiction,
293	293	or to alter the boundaries of the district under this code.
294	294	(c) The extraterritorial jurisdiction located in Bexar
295	295	County of a municipality that is not integrated under this chapter
296	296	may not be expanded as a consequence of annexation by the
297	297	municipality. The municipality may engage in boundary adjustments
298	298	by agreement with the integrated county government.
299	299	SECTION 2. This Act takes effect on the date on which the
300	300	constitutional amendment proposed by the 84th Legislature, Regular
301	301	Session, 2015, adding Section 64A, Article III, Texas Constitution,
302	302	and providing for the adoption of a county charter in certain
303	303	counties is approved by the voters. If that amendment is not
304	304	approved by the voters, this Act has no effect.