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 (H.B. 2212), 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 (H.B. 629), 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.