83R12270 EAH-D
By: King of Zavala H.B. No. 3194
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.