HBA-DMD S.J.R. 4 76(R) BILL ANALYSIS Office of House Bill AnalysisS.J.R. 4 By: Madla, Shapleigh County Affairs 5/14/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Texas Constitution does not contain provisions empowering El Paso County to adopt a charter which would permit El Paso County to consolidate with other political entities to form a single governmental entity. As proposed, S.J.R. 4 requires the submission to the voters of a constitutional amendment authorizing the voters of El Paso County to adopt a county charter in order to accomplish the consolidation of the governments of the county, each municipality located completely in the county, and other political subdivisions located, in whole or in part, in the county. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article III, Texas Constitution, by adding Section 64A, as follows: Sec. 64A. (a) Authorizes the voters of El Paso County to adopt a county charter (charter) in order to accomplish the consolidation of the governments of the county, each municipality located completely in the county, and other political subdivisions located, in whole or in part, in the county. Authorizes the county charter to integrate the county government with other local political subdivisions allowed under this section. (b) Sets forth the authority of a charter. (c) Provides that the abolition of an office of an elected county official established by this constitution is effective at the conclusion of the regular term of the office holder at the time of the election to abolish the office or the date the office becomes vacant, whichever is earlier. (d) Requires a charter to integrate the county government and the government of each municipality located completely in the county. Authorizes a charter to also integrate into a consolidated government, a special district or authority, or any other political subdivision, other than a school district, if more than one-half of the area of the political subdivision to be integrated is located in the county. (e) Sets forth the powers and duties of a county that adopts a charter. (f) Provides that the powers and duties of the integrated county government are also the cumulative powers and duties of the political subdivisions that are integrated, provided that the charter integrates the county with other local political subdivisions under Subsection (d) of this section. Prohibits a charter from diminishing the powers, duties, and functions of a municipality that is not required to be integrated with the county. (g) Requires the charter, if a charter integrates the county with other political subdivisions, to transfer to the county all the powers, duties, responsibilities, rights, privileges, assets, obligations, and liabilities of the integrated municipality, special district or authority, or other political subdivision. (h) Provides that the integrated county government's powers and duties outside the county are limited to those powers and duties that the integrated political subdivision would have had in the absence of the governmental integration, provided that a municipality that is integrated into a county government has extraterritorial jurisdiction outside the county, or if any portion of an integrated municipality, special district or authority, or other political subdivision is located outside the county. (i) Provides that a charter that integrates the county with other political subdivisions must establish distinct service districts in the area of the integrated county government that provide for district taxes that are graduated by area and based on the level of services provided to the service district by the integrated county government. (j) Provides that a charter controls on an issue relating to the structure, powers, duties, functions, or governance of the county, except for a constitutional or statutory provision expressly applying to a charter county. (k) Requires the legislature, by local law or general law, to establish the procedures for the appointment or election of a charter commission and for the adoption of a charter. Authorizes the legislative action to include any additional guarantees or other provisions that the legislature considers appropriate to require in a charter to protect minority voting rights. Sets forth certain provisions included in the authority of the legislative action, in the case of a charter that integrates the county with other political subdivisions. SECTION 2. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth the required language for the ballot.