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.
