HBA-DMD C.S.S.J.R. 4 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.J.R. 4
By: Madla, Shapleigh
County Affairs
5/22/1999
Committee Report (Substituted)




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, C.S.S.J.R. 4 requires the submission to the voters of
a constitutional amendment consolidating the city of El Paso into El Paso
County to form the El Paso Metro Government and integrating into the El
Paso County government all of the functions and agencies of the city of El
Paso. 

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) Consolidates the city of El Paso into El Paso County to form
the El Paso Metro Government. Provides that the effect of the consolidation
is to consolidate and integrate into the El Paso County government all of
the functions and agencies of the city of El Paso, including functions and
agencies relating to utilities and transportation and including all
entities operated or controlled by the city of El Paso. 

(b) Specifies the powers and duties of the El Paso Metro government, as a
result of Subsection (a). 

(c) Requires the El Paso Metro government, on the date of the consolidation
of the city of El Paso into El Paso County, to assume all the powers,
duties, responsibilities, rights, privileges, assets, obligations, and
liabilities of the county and the city.  

(d) Provides that this section does not diminish the powers, duties, and
functions of a municipality that is not consolidated into the El Paso Metro
government. Provides that the boundaries of a municipality that is not
consolidated into the El Paso Metro government are the boundaries of the
municipality, exclusive of the municipality's extraterritorial
jurisdiction, on the first anniversary of the date of the consolidation of
the city of El Paso into El Paso County. 

(e) Sets forth the initial composition of the governing body of the El Paso
Metro government (governing body). 

(f) Sets forth the expiration date of the initial terms of the members of
the governing body.  

(g) Provides that the presiding officer is elected at large in El Paso
County. Provides that the terms of the presiding officer and the other
members of the governing body are three years. Sets forth that for
constitutional and statutory purposes, the presiding officer of the  El
Paso Metro government has the same authority to act as a county judge of a
county and as a mayor of a municipality. 

(h) Sets forth the composition of the governing body, after the expiration
of the initial terms of the members of the governing body, unless the
charter adopted under Subsection (j) provides differently. 


(i) Specifies the procedures to determine the length of terms of the
initial members of the governing body. 

(j) Authorizes the governing body to adopt a charter to govern the
operation of the El Paso Metro government, in the same manner as a
home-rule municipality. Specifies the provisions authorized to be included
in the charter. 

(k) Requires the governing body to establish distinct service districts in
the area of the consolidated 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 El Paso Metro government. 

(l) Specifies additional provisions that the charter is authorized to
include. 

(m) Sets forth that the sheriff of El Paso County is the chief law
enforcement officer of the El Paso Metro government. 

(n) Provides that the creation of single-member districts under Subsection
(h) does not create precincts or increase the number of precincts created
under Section 18 (Division of Counties into Precincts; Election of
Constable and Justice of the Peace; County Commissioners and County
Commissioners Court; Change in Precinct Boundaries), Article V (Judicial
Department), Texas Constitution. Authorizes the governing body to divide
the county into precincts under Section 18, Article V, for any purpose
other than representation on the commissioners court of a county. 

SECTION 2. Adds the following temporary provision to the Texas Constitution:

TEMPORARY PROVISION. (a) Provides that this temporary provision applies to
the constitutional amendment proposed by S.J.R. No. 4, 76th Legislature,
Regular Session, 1999, and expires December 1, 2001.  

(c) Provides that the constitutional amendment takes affect on the 270th
day after the date at which that amendment is adopted. Provides that the
constitutional amendment adding Section 64A, Article III, Texas
Constitution, takes effect only if a majority of the voters of El Paso
County that are voting on the question at that election favor the
amendment, at the statewide election at which the constitutional amendment
providing for the creation of a consolidated El Paso Metro government is
submitted to the voters.  

(c) Requires the El Paso commissioners court and the governing body of the
city of El Paso, if that constitutional amendment is adopted, to promptly
meet and jointly confer regarding the creation of the El Paso Metro
government. Requires the meeting to include planning for the consolidation
of the city and county government services and methods for operating the
services under the El Paso Metro government. Provides that a primary
consideration at the meeting is to ensure that both the commissioners court
of El Paso County and the governing body of the city of El Paso plan for
the smooth and efficient transfer of services to the governing body of the
El Paso Metro government and that the high level of quality and quantity of
the government services, particularly services related to the public
health, safety, and welfare, are continued. Authorizes both governing
bodies to also draft for approval by the El Paso Metro government any
proposed charter to be adopted by the El Paso Metro government. Authorizes
both governing bodies to jointly appoint advisory committees to assist the
governing bodies in planning for the consolidation of the city and county
government services and methods for operating the  services under the new
El Paso Metro government and in preparing any proposed charter to be
adopted by the El Paso Metro government.  

(d) Requires the presiding officer of the El Paso Metro government to be
selected at an election jointly called and held by the El Paso County
commissioners court and the governing body of the city of El Paso, on the
first uniform election date after the 180th day after the date of the
election at which that constitutional amendment is adopted. 

(e) Requires the governing body to be seated, on the 270th day after the
date of the election at which that constitutional amendment is adopted, and
sets forth that the city of El Paso is consolidated into the government of
El Paso County, and the El Paso Metro government is formed. 

SECTION 3.  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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.J.R. 4 modifies the caption to read that this bill relates to
proposing a constitutional amendment in order to create a consolidated El
Paso Metro government by consolidating El Paso County and certain political
subdivisions in El Paso County. The original bill related to proposing a
constitutional amendment to allow the voters of El Paso County to adopt a
charter that restructures and empowers the county government, that
consolidates each municipality located completely in the county, and that
allows the integration of the county government with certain other
political subdivisions located, in whole or in part, in the county. 

This substitute replaces the language in proposed Section 64A, Article III,
Texas Constitution, of the original in SECTION 1, to conform to the
caption. For further explanation, please refer to the Section-by-Section
Analysis in this document. The deleted language in the original related to
the following: 

_Authorized the voters of El Paso County to adopt a county charter
(charter) 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.  

_Authorized the county charter to integrate the county government with
other local political subdivisions allowed under this section. 

_Provided 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. 

_Set forth the areas of government a charter is required to integrate.

_Set forth the powers and duties of a county that adopts a charter.

_Prohibited a charter from diminishing the powers, duties, and functions of
a municipality that is not required to be integrated with the county. 

_Required 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. 

_Provided 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. 

_Provided 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. 

_Provided 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. 

_Required 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. Authorized 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. Set
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. 

This substitute redesignates SECTION 2 of the original to SECTION 3 of the
substitute, and modifies the proposed ballot language in accordance with
the changes made by the substitute in SECTION 1. 

This substitutes adds a temporary provision in new SECTION 2. For further
explanation, please refer to the Section-by-Section Analysis in this
document.