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.