2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 61. CONSOLIDATION OF MUNICIPALITIES  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE E. CONSOLIDATION AND ABOLITION OF MUNICIPALITIES

CHAPTER 61. CONSOLIDATION OF MUNICIPALITIES

Sec. 61.001. AUTHORITY TO CONSOLIDATE. The following

municipalities may consolidate under one government in the manner

provided by this chapter:

(1) two or more contiguous municipalities in the same county; or

(2) two noncontiguous municipalities located in the same county

if:

(A) the distance between the municipalities is less than 2.5

miles; and

(B) each municipality is located within one mile of an

international boundary.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

473, Sec. 1, eff. June 16, 2007.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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) In the alternative to the procedures provided in Subsections

(a)-(d), the governing body of each municipality holding a

consolidation election may order the election to be held on the

same election date.

(f) A consolidation election shall be held on the first

authorized uniform election date prescribed by the Election Code

that occurs after the period required by Section 3.005, Election

Code.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

630, Sec. 1, eff. June 15, 2007.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.