2005 Texas Local Government Code CHAPTER 61. CONSOLIDATION OF MUNICIPALITIES

LOCAL GOVERNMENT CODE

SUBTITLE E. CONSOLIDATION AND ABOLITION OF MUNICIPALITIES

CHAPTER 61. CONSOLIDATION OF MUNICIPALITIES


	§ 61.001. AUTHORITY TO CONSOLIDATE.  Two or more 
contiguous municipalities in the same county may consolidate under 
one government in the manner provided by this chapter.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 61.002. CONSOLIDATION ELECTION.  A consolidation of 
municipalities under this chapter must be approved at an election 
ordered and held for that purpose.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 61.003. PETITIONS TO CONSOLIDATE;  ELECTION 
ORDERS.  (a) If at least 100 qualified voters of each of two or more 
municipalities petition the governing bodies of their respective 
municipalities to order a consolidation election, the governing 
body of each municipality may order an election on the proposition 
in the sequence prescribed by Section 61.004.  However, if a 
petition is signed by the number of qualified voters that equals 15 
percent or more of the total vote cast at the most recent general 
election for municipal officials in a municipality, the governing 
body of the municipality shall order an election on the 
proposition, except as otherwise provided by this chapter.
	(b)  An election under this section shall be held at the 
municipality's regular polling places.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 61.004. SEQUENCE OF ELECTIONS;  ELECTION DATES.  (a) 
The municipality having the smallest population among the 
municipalities voting on the consolidation issue shall hold the 
first consolidation election.  The governing body of a municipality 
holding an election shall order the election within 45 days after 
the date the petition is filed.
	(b)  If a majority of the votes received in an election are in 
favor of consolidation, each larger municipality in turn, in 
inverse order of their size of population, may or shall, as provided 
by Section 61.003, order a consolidation election.  The governing 
body of a municipality holding an election shall order the election 
within 45 days after the date the election returns from the next 
smaller municipality are canvassed.
	(c)  If a majority of the votes received in a consolidation 
election in any municipality are not in favor of consolidation, a 
larger municipality that has not held an election on the 
consolidation issue may not order a consolidation election.
	(d)  If an election contest is timely filed in a 
consolidation election, the governing body of each larger 
municipality that has not held its consolidation election may delay 
holding the election until the election contest is finally 
determined.
	(e)  A consolidation election shall be held on the first 
authorized uniform election date prescribed by the Election Code 
that occurs on or after the 30th day after the date the election is 
ordered.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 61.005. CONDUCT OF ELECTION.  A consolidation election 
shall be conducted under the ordinances of the municipality holding 
the election and in conformity with the laws of this state.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 61.006. APPROVAL AND REGISTRATION OF 
CONSOLIDATION.  (a) If a majority of the votes received in the 
consolidation election in each municipality favor consolidation, 
the election returns shall be recorded in the records of the 
respective municipalities.
	(b)  The consolidation is effective when the election 
returns are recorded.  

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 61.007. CERTIFICATION OF CONSOLIDATION.  If a majority 
of the votes received in each municipality favor consolidation, as 
soon as practicable after the returns are made, the mayor or chief 
executive officer in each municipality shall certify to the 
secretary of state an authenticated copy of the returns under the 
municipality's seal showing the approval of the consolidation by 
the voters of the municipality.  The secretary of state shall file 
the authenticated copy and record it in a separate book the 
secretary of state shall keep for the purpose.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 61.008. EFFECT OF CONSOLIDATION.  In a consolidation 
under this chapter, the smaller municipalities:
		(1)  adopt the charter, ordinances, and, unless 
otherwise provided at the time of the consolidation, the name of the 
largest municipality;
		(2)  are included in the territory of the largest 
municipality;  and        
		(3)  are subject to the laws and regulations of the 
largest municipality.   

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 61.009. MERGER OF CONSOLIDATED MUNICIPALITIES.  (a) 
After a consolidation is effective, the records, public property, 
money, credits, accounts, and all other assets of the smaller of the 
consolidated municipalities shall be turned over to the officers of 
the largest municipality, who shall remain in office for the 
remainder of their terms as the officials of the consolidated 
municipality.
	(b)  The offices of the smaller municipalities are 
abolished, and the persons holding the offices at the time the 
consolidation is effective are not entitled to receive further 
compensation.
	(c)  The consolidated municipality assumes all outstanding 
liabilities of the municipalities that are consolidated.
	(d)  If at the time a consolidation is effective a 
municipality has bond funds voted for public improvements that are 
not appropriated or subject to contract, the money shall be kept in 
a separate fund and used for public improvements in the territory 
for which the bonds were voted.  The funds may not be diverted to any 
other purpose.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 61.010. INTERVAL BETWEEN ELECTIONS.  If a majority of 
the votes in a consolidation election in any municipality do not 
favor consolidation, another consolidation election involving the 
same municipalities may not be held within two years after the date 
the consolidation proposition was defeated.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.