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