Bill Text: TX HB151 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the adoption of a county charter by Bexar County.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-07 - Left pending in committee [HB151 Detail]

Download: Texas-2013-HB151-Introduced.html
  83R271 MXM-D
 
  By: Larson H.B. No. 151
 
 
 
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, not later than the 60th day after the date
  of certification, may submit additional petitions or signatures to
  cure the determination of a deficiency, and the clerk, not later
  than the 21st day after the date the additional petitions or
  signatures are filed, 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 to be 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 on or before the 60th day 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 on or before the 60th
  day 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 83rd Legislature, Regular
  Session, 2013, 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.
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