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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain municipalities to consolidate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.008, Local Government Code, is |
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amended to read as follows: |
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Sec. 61.008. EFFECT OF CONSOLIDATION OF CONTIGUOUS |
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MUNICIPALITIES. Except as provided by Section 61.0085, in [In] a |
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consolidation under this chapter, the smaller municipalities: |
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(1) adopt the charter, the ordinances, and, unless |
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otherwise provided at the time of the consolidation, the name of the |
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largest municipality; |
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(2) are included in the territory of the largest |
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municipality; and |
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(3) are subject to the laws and regulations of the |
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largest municipality. |
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SECTION 2. Chapter 61, Local Government Code, is amended by |
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adding Section 61.0085 to read as follows: |
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Sec. 61.0085. EFFECT OF CONSOLIDATION OF NONCONTIGUOUS |
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MUNICIPALITIES. (a) In a consolidation of two municipalities |
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described by Section 61.001(2), the municipality that is the more |
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fiscally established, as determined by the municipalities, is the |
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principal municipality, and the other participating municipality |
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is the secondary municipality. |
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(b) In making the determination required by Subsection (a), |
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each municipality shall consider: |
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(1) the outstanding indebtedness of the municipality |
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as a total amount and as a per capita amount; |
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(2) the current revenue of the municipality from all |
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sources as a total amount and as a per capita amount; and |
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(3) any other factor relevant to determining which |
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municipality is the more fiscally established. |
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(c) Following a consolidation to which Subsection (a) |
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applies, the secondary municipality: |
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(1) adopts the charter, the ordinances, and, unless |
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otherwise provided at the time of the consolidation, the name of the |
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principal municipality; |
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(2) is included in the territory of the principal |
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municipality; and |
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(3) is subject to the laws and regulations of the |
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principal municipality. |
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SECTION 3. Sections 61.009(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) After a consolidation is effective, the records, public |
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property, money, credits, accounts, and all other assets of the |
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smaller or secondary of the consolidated municipalities, as |
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applicable under Section 61.008 or 61.0085, shall be turned over to |
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the officers of the largest or principal municipality, as |
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applicable under Section 61.008 or 61.0085, who shall remain in |
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office for the remainder of their terms as the officials of the |
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consolidated municipality. |
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(b) The offices of the smaller or secondary municipalities, |
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as applicable under Section 61.008 or 61.0085, are abolished, and |
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the persons holding the offices at the time the consolidation is |
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effective are not entitled to receive further compensation. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |