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A JOINT RESOLUTION
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proposing a constitutional amendment to allow the voters of Bexar |
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County to adopt a charter that restructures and empowers the county |
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government and that may allow the integration of the county |
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government with certain other political subdivisions located |
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wholly or partly in the county. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 64A to read as follows: |
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Sec. 64A. (a) Bexar County may adopt a county charter. The |
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county charter may integrate the county government with other local |
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political subdivisions allowed under this section. |
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(b) The charter may: |
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(1) provide for the title, qualifications, term of |
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office, powers, or duties of an office of chief elected official |
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that replaces the office of county judge; |
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(2) provide for the structure, number of members, |
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qualifications, terms of office, powers, duties, or other features |
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of a governing body that replaces the commissioners court; |
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(3) modify the powers, duties, or functions of a |
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county official that is established by another section of this |
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constitution, if the charter otherwise continues all of the |
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established functions of county government; |
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(4) merge the office of an elected county official |
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that is established by another section of this constitution with |
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the office of another county official, if the charter otherwise |
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continues all of the established functions of both offices; and |
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(5) provide for the abolition of the office of an |
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elected county official that is established by another section of |
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this constitution, on the approval of a majority of the voters |
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voting on the question in a separate election held at least one year |
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after the initial election on the adoption of the charter. |
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(c) The abolition of an office under Subsection (b)(5) is |
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effective at the earlier of: |
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(1) the conclusion of the regular term of the office |
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holder at the time of the election to abolish the office; or |
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(2) the date the office becomes vacant. |
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(d) The charter may also integrate the county government and |
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the government of any other municipality, special district or |
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authority, or any other political subdivision, other than a school |
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district, if: |
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(1) more than one-half of the area of the political |
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subdivision to be integrated is located in the county; and |
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(2) the integration of political subdivisions |
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includes the most populous municipality in the county. |
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(e) If Bexar County adopts a charter under this section, the |
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powers and duties of the county are: |
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(1) the powers and duties established by the charter |
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that are not inconsistent with a constitutional or statutory |
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provision expressly applying to a charter county; and |
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(2) any additional powers and duties granted by this |
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constitution or general law. |
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(f) If the charter integrates the county with other local |
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political subdivisions under Subsection (d), the powers and duties |
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of the integrated county government are also the cumulative powers |
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and duties of the political subdivisions that are integrated. The |
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charter may not diminish the powers, duties, and functions of a |
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municipality that is not integrated with the county. |
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(g) If the charter integrates the county with other |
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political subdivisions, the charter shall transfer to the county |
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all the powers, duties, responsibilities, rights, privileges, |
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assets, obligations, and liabilities of the integrated |
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municipality, special district or authority, or other political |
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subdivision. |
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(h) If a municipality that is integrated into a county |
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government has extraterritorial jurisdiction outside the county, |
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or if any portion of an integrated municipality, special district |
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or authority, or other political subdivision is located outside the |
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county, the integrated county government's powers and duties |
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outside the county are limited to those powers and duties that the |
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integrated political subdivision would have had in the absence of |
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the governmental integration. |
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(i) A charter that integrates the county with other |
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political subdivisions must establish distinct service districts |
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in the area of the integrated county government that provide for |
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district taxes that are graduated by area and based on the level of |
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services provided to the service district by the integrated county |
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government. |
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(j) Except for a constitutional or statutory provision |
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expressly applying to Bexar County, a charter adopted under this |
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section controls on an issue relating to the structure, powers, |
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duties, functions, or governance of the county. |
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(k) The legislature, by local law or general law, shall |
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establish the procedures for the appointment or election of a |
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charter commission and for the adoption of a charter under this |
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section. The procedures for appointment or election of a charter |
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commission must include alternative procedures to initiate the |
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creation of a charter commission by action of the commissioners |
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court, by action of the governing body of the most populous |
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municipality in the county, or by petition of residents. The |
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legislative action may include any additional guarantees or other |
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provisions that the legislature considers appropriate to require in |
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a charter to protect minority voting rights. In the case of a |
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charter that integrates the county with other political |
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subdivisions, the legislative action may also include provisions |
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to: |
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(1) protect the employees of political subdivisions |
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that may become integrated under the county charter; |
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(2) coordinate the charter with the law governing |
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annexation; and |
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(3) structure the governing body and the service |
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districts and to allocate the debt service obligations of an |
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integrated county government to ensure equity among the voters and |
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taxpayers of the integrated county government. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2015. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to allow the voters of |
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Bexar County to adopt a charter that restructures and empowers the |
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county government and that may allow the integration of the county |
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government with certain other political subdivisions wholly or |
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partly in the county." |