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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of a county charter by Bexar County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Local Government Code, is amended by |
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adding Subtitle C to read as follows: |
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SUBTITLE C. COUNTY CHARTER |
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CHAPTER 92. COUNTY CHARTER IN BEXAR COUNTY |
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Sec. 92.001. APPOINTMENT OF CHARTER COMMISSION BY |
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COMMISSIONERS COURT. (a) The Commissioners Court of Bexar County |
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may at any time appoint the members of a commission to draft a |
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charter under Section 64A, Article III, Texas Constitution. The |
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appointed members shall represent: |
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(1) the unincorporated area of Bexar County; and |
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(2) municipalities, other than San Antonio, located |
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wholly or partly in Bexar County. |
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(b) If the Commissioners Court of Bexar County is notified |
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of the intention of the governing body of San Antonio to appoint a |
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charter commission under Section 92.002(a) or if the commissioners |
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court is petitioned to appoint a charter commission under Section |
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92.003, the Commissioners Court of Bexar County shall appoint the |
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members of a commission to draft a charter. The appointed members |
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shall represent: |
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(1) the unincorporated area of Bexar County; and |
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(2) municipalities, other than San Antonio, located |
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wholly or partly in Bexar County. |
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Sec. 92.002. APPOINTMENT OF CHARTER COMMISSION BY SAN |
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ANTONIO GOVERNING BODY. (a) The governing body of San Antonio may |
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at any time appoint the members representing San Antonio on a |
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commission to draft a charter for Bexar County under Section 64A, |
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Article III, Texas Constitution. |
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(b) The governing body of San Antonio shall appoint the |
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members representing San Antonio on a commission to draft a charter |
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for Bexar County if the governing body is notified of the |
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commissioners court's intention to appoint a charter commission |
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under Section 92.001(a) or 92.004(b). |
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Sec. 92.003. INITIATION OF CHARTER PROCESS BY PETITION. A |
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petition for the appointment of a charter commission must: |
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(1) be filed with the office of the county clerk of |
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Bexar County; |
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(2) be signed by a number of registered voters of Bexar |
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County at least equal to 10 percent of the number of votes received |
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for governor in the county in the most recent gubernatorial |
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election; and |
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(3) comply with the applicable requirements of general |
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law relating to a petition authorized or required to be filed in |
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connection with an election. |
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Sec. 92.004. VERIFICATION OF PETITION. (a) Not later than |
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the 30th day after the date the petition is filed with the county |
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clerk, the clerk shall determine whether the petition meets the |
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requirements of Section 92.003 and shall certify in writing to the |
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commissioners court whether the petition is valid or invalid. |
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(b) If the county clerk certifies that the petition is |
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valid, the commissioners court shall make its appointments to a |
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charter commission not later than the 120th day after the date the |
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commissioners court receives the clerk's certification. |
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(c) If the petition is certified as invalid, the county |
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clerk shall state the reason for that determination. A person |
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circulating the petition, not later than the 60th day after the date |
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of certification, may submit additional petitions or signatures to |
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cure the determination of a deficiency, and the clerk, not later |
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than the 21st day after the date the additional petitions or |
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signatures are filed, shall determine whether the additional |
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petitions or signatures are sufficient to cure the deficiency and |
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shall certify that determination to the commissioners court. |
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Sec. 92.005. NOTIFICATION TO POLITICAL SUBDIVISIONS. (a) |
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Not later than the 30th day after the date the commissioners court |
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is required to appoint a charter commission under Section 92.004(b) |
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or after the date the commissioners court decides to appoint a |
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charter commission without a petition under Section 92.001(a), the |
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commissioners court shall give notice to the governing body of each |
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municipality having any portion of its area in Bexar County of the |
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commissioners court's intention to appoint a charter commission. |
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The notice to the governing body of San Antonio must specify the |
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number of commission members who are to be appointed to represent |
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San Antonio on the commission under Section 92.006. |
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(b) Not later than the 30th day after the date the governing |
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body of San Antonio decides to appoint a charter commission under |
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Section 92.002(a), the governing body of San Antonio shall give |
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notice to the commissioners court and to the governing body of each |
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municipality having any portion of its area in Bexar County of the |
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San Antonio governing body's intention to appoint a charter |
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commission. The notice to the commissioners court must specify the |
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number of commission members who are to be appointed to represent |
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other municipalities in Bexar County and the unincorporated area on |
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the commission under Section 92.006. |
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Sec. 92.006. COMMISSION COMPOSITION. (a) The members of |
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the charter commission shall be divided between members appointed |
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by the governing body of San Antonio and members appointed by the |
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commissioners court, as nearly as possible based on the ratio of San |
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Antonio's population in Bexar County to the population of the |
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remainder of Bexar County. The total number of members of the |
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charter commission shall be determined by the commissioners court |
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if the court initiates the appointment of the commission or if the |
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court is petitioned to appoint a commission. The total number of |
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members of the charter commission shall be determined by the |
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governing body of San Antonio if the governing body of San Antonio |
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initiates the appointment of the commission. |
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(b) If the governing body of San Antonio fails to appoint |
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members on or before the 60th day after the date of receiving notice |
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of the commissioners court's intent to appoint a charter |
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commission, the commissioners court shall appoint the requisite |
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number of San Antonio residents to the commission. If the |
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commissioners court fails to appoint members on or before the 60th |
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day after the date of receiving notice of the San Antonio governing |
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body's intent to appoint a charter commission, the governing body |
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of San Antonio shall appoint the requisite number of residents of |
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the unincorporated area and of other municipalities in Bexar County |
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to the commission. |
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(c) The membership of the charter commission, other than the |
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members representing San Antonio, must be reasonably balanced |
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between residents of other incorporated municipalities in Bexar |
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County and residents of the unincorporated area of Bexar County. |
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Sec. 92.007. PREPARATION OF CHARTER. (a) The charter |
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commission shall prepare the charter. The charter commission shall |
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file its proposed charter with the commissioners court on or before |
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the second anniversary of the date the first appointment to the |
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commission is made. |
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(b) The commissioners court by order shall call an election |
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to approve the charter as proposed by the charter commission on the |
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first uniform election date after the date the proposed charter is |
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filed with the commissioners court that allows sufficient time to |
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comply with applicable requirements of general law. |
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(c) On the date of the election called by the commissioners |
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court under Subsection (b), the charter commission is dissolved. |
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Sec. 92.008. ADOPTION OF CHARTER. (a) The adoption of the |
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charter must be initially approved at the election by a majority of |
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the votes received from the voters of Bexar County. |
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(b) If the charter provides for integration of the county |
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with one or more municipalities, the governing body of each |
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municipality, other than San Antonio, having more than one-half of |
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the municipality's area in Bexar County shall call an election on |
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the question of whether the municipality shall be integrated into |
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the integrated county government. The election shall be held on the |
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next uniform election date that is after the date the proposed |
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charter is approved under Subsection (a) and that allows sufficient |
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time to comply with applicable requirements of general law. |
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(c) If a majority of the votes received at an election under |
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Subsection (b) favor the integration, the municipality is |
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integrated into the county government under the terms of the |
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charter. |
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(d) If a majority of the votes received at an election under |
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Subsection (b) do not favor the integration, the municipality |
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continues to exist and function as a municipality located in the |
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county area according to the terms of the municipality's charter |
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or, if the municipality does not have a charter, according to the |
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terms of general law. |
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(e) If the charter provides for integration of the county |
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with municipalities, the commissioners court shall call an election |
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in the portion of the unincorporated area in each commissioners |
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precinct on the question of whether that portion of the |
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unincorporated area shall be integrated into an urban service |
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district. The election shall be held on the next uniform election |
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date that is after the date the proposed charter is approved under |
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Subsection (a) and that allows sufficient time to comply with |
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applicable requirements of general law. |
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(f) If a majority of the votes received at an election under |
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Subsection (e) favor the integration, the portion of the |
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unincorporated area in that commissioners precinct is integrated |
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into the urban service district under the terms of the charter. |
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(g) If a majority of the votes received at an election under |
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Subsection (e) do not favor the integration, the portion of the |
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unincorporated area in that commissioners precinct remains outside |
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the urban service district, subject to any charter provisions on |
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expansion of the urban service district. |
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(h) Following the adoption of a charter that provides for |
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integration of the county with municipalities and the initial |
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election on integration of municipalities under Subsection (c), the |
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county may later integrate additional municipalities, special |
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districts, or other political subdivisions if: |
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(1) the county follows the conditions of the charter, |
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if any, for additional governmental integration; and |
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(2) the majority of the votes received from the voters |
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of the municipality, special district, or other political |
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subdivision approve, at an election, the additional integration. |
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Sec. 92.009. GOVERNING BODY OF INTEGRATED COUNTY |
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GOVERNMENT. (a) In order to protect minority voting rights and |
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ensure equity among the voters of an integrated county government, |
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a charter adopted under this section that provides for integration |
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of the county and municipal governments must provide for a |
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governing body that consists of: |
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(1) a presiding officer elected at large; |
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(2) four members elected from single-member districts |
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that when placed together encompass the entire territory of Bexar |
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County; and |
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(3) a number of members elected from single-member |
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districts that when placed together encompass the territory of the |
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integrated county government, and that include the territory |
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outside Bexar County of any integrated municipalities and exclude |
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the territory of any unintegrated municipalities. |
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(b) The number of districts established under Subsection |
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(a)(3) must be sufficient to ensure that, in the first election |
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following the integration of governments, the average population of |
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the districts is no greater than the average population of |
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single-member districts of the governing body of San Antonio before |
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the date of the integration. |
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Sec. 92.010. SERVICE DISTRICTS. (a) In order to ensure |
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equity among the taxpayers of an integrated county government, a |
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charter that provides for integration of the county and |
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municipalities must divide the area in the integrated county |
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government into service districts for the purposes of taxation and |
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the provision of services. |
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(b) One district shall encompass the entire territory of |
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Bexar County before the date of the integration of local political |
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subdivisions. In this district, the services that the integrated |
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county government provides on an equal basis throughout the |
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district are financed by the levy of ad valorem taxes or other taxes |
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or revenues that are uniform throughout the district. This district |
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is the "county service district." |
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(c) One district shall encompass at least the entire |
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territory of San Antonio before the date of the integration of |
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municipalities. This district may be expanded to coincide with the |
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growth of urbanized areas, outside the territory and |
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extraterritorial jurisdiction of unintegrated municipalities, as |
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provided by the charter. In this district, the incremental |
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services provided by the integrated county government, in addition |
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to services provided by the county service district or at a higher |
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level than the services provided by the county service district, |
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are financed by an additional levy of ad valorem taxes or by the |
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imposition of additional taxes or revenue raised solely in the |
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district. This district is the "urban service district." |
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(d) One district shall encompass both the urban service |
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district and all other territory of the integrated county |
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government outside of unintegrated municipalities. In this |
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district, incremental services provided by the integrated local |
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government are financed by the additional levy of ad valorem taxes |
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or by additional taxes or revenue raised solely in the district. |
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This district is the "general services district." |
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(e) If a municipality other than San Antonio is integrated |
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into the county government under Section 92.008(c), or if a |
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municipality that remains unintegrated in the initial election |
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following the adoption of the charter is integrated into the county |
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government, the municipality may either be added to the urban |
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service district established under Section 92.010(c) or become an |
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additional and separate urban service district, as provided by the |
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charter. |
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Sec. 92.011. AD VALOREM TAXES. In order to ensure equity |
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among the taxpayers of an integrated county government, a charter |
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that provides for integration of other political subdivisions must |
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provide that an ad valorem tax levied for debt service of the |
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general obligation debt that was authorized or issued by any |
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integrated municipality, any special district, or any other |
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political subdivision that is a part of the integrated county |
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government shall continue to be levied: |
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(1) only in the area of the urban service district that |
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replaces the integrated municipality; and |
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(2) only in the area of the special district or other |
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political subdivision that is integrated. |
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Sec. 92.012. CONSOLIDATION OF EMPLOYEES. A charter that |
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provides for integration of other political subdivisions must |
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provide that every employee, other than an elected official, of the |
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county and of every municipality, special district, or other |
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political subdivision that becomes integrated into the integrated |
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county government, whose position is abolished as a result of the |
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integration of political subdivisions or whose position is |
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abolished within two years after the date of the adoption of the |
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charter by a reduction in force or administrative reorganization, |
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must be offered alternative employment by the integrated county |
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government at a salary at least equal to the salary of the abolished |
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position and with substantially equal employee and retirement |
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benefits. |
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Sec. 92.013. RETIREMENT BENEFITS. (a) A charter that |
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provides for integration of local political subdivisions must |
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provide for the continuation of the pension fund or the retirement |
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system contributions by both the integrated county government and |
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the employees of the integrated county government that would have |
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been made by the former county government, the integrated |
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municipalities, special districts, or other political subdivisions |
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and the employees of those governments before the adoption of the |
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charter. |
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(b) Employees of the integrated county government hired |
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after the adoption of the charter shall be placed in an appropriate |
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pension fund or retirement system. |
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Sec. 92.014. COLLECTIVE BARGAINING. A charter that provides |
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for integration of other political subdivisions may not diminish |
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the rights of any employees of the integrated county government to |
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organize, to meet and confer, and to bargain collectively with the |
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officials of the integrated county government over wages, hours of |
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work, and other terms of employment as provided by state law. |
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Sec. 92.015. ANNEXATION. (a) A charter that provides for |
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integration of municipalities must, within Bexar County, establish |
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procedures for the progressive territorial expansion of the urban |
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service district to reflect the growth of the urbanized area. |
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(b) In areas outside Bexar County, the integrated county |
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government may take any action in respect to the urban service |
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district that a municipality having the same size and population as |
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the urban service district may take to annex territory to the |
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district, to extend the district's extraterritorial jurisdiction, |
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or to alter the boundaries of the district under this code. |
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(c) The extraterritorial jurisdiction located in Bexar |
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County of a municipality that is not integrated under this chapter |
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may not be expanded as a consequence of annexation by the |
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municipality. The municipality may engage in boundary adjustments |
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by agreement with the integrated county government. |
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SECTION 2. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 84th Legislature, Regular |
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Session, 2015, adding Section 64A, Article III, Texas Constitution, |
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and providing for the adoption of a county charter in certain |
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counties is approved by the voters. If that amendment is not |
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approved by the voters, this Act has no effect. |