reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.094. Distribution of Assets

Sec. 62.094.  DISTRIBUTION OF ASSETS.  (a)  The compensation of the receiver, court costs, and expenses have priority over other claims against an abolished municipality and shall be paid first out of money on hand or collected.
(b)  Money collected each year from taxes shall be paid pro rata on claims according to their priorities until all claims established against the municipality and all costs and expenses are paid in full.
(c)  After the final settlement of the receivership, the receiver shall deliver money or other property remaining to the trustees or other officers in charge of any public school district located completely within the boundaries of the abolished municipality, and the money or property shall be used for the benefit of the school district.  If there is no such public school district, the receiver shall deliver the remaining money or property to the county in which the municipality is located.  The money shall be deposited in the general fund of the county, and the property shall be used for the benefit of the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter D. Schools and Public Property › Section 62.121. Administration of Public Schools

Sec. 62.121.  ADMINISTRATION OF PUBLIC SCHOOLS.  If at the time a municipality is abolished under this chapter the public schools of the municipality are managed by trustees appointed or elected by the voters of the municipality or by its governing body, the trustees shall continue to manage the schools for the remainder of their appointive or elective term.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter D. Schools and Public Property › Section 62.122. Taxes

Sec. 62.122.  TAXES.  A receiver for an abolished municipality shall collect all unpaid taxes levied before the date of abolition for municipal or school purposes, together with any penalties or interest that is due.  The receiver shall pay the part of the taxes levied for maintaining the public schools to the trustees of the school district, who shall use the taxes for the purpose for which they were levied.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter D. Schools and Public Property › Section 62.123. Public Property

Sec. 62.123.  PUBLIC PROPERTY.  If a municipality abolished under this chapter owns public buildings, public parks, public works, or other public property on the date of abolition and the property is not sold or disposed of under this chapter, the commissioners court shall manage and control the property for the purposes for which the property was originally used and intended.  In managing and controlling the property, the commissioners court may exercise the powers originally given by charter to the governing body of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter E. Payment of Indebtedness and Disposition of Assets by Corporate Officers or Trustees › Section 62.161. Settlement by Corporate Officers

Sec. 62.161.  SETTLEMENT BY CORPORATE OFFICERS.  (a)  If a municipality or de facto municipality that has indebtedness outstanding is abolished, declared void by a court of competent jurisdiction, or ceases to operate and exercise municipal functions, the municipality's officers at the time the municipality is dissolved or ceases to function shall:
(1)  take control of the municipality's property;
(2)  sell and dispose of the municipality's property;  and
(3)  settle the debts owed by the municipality.
(b)  For the purpose of settling the debts of the municipality, the former municipal officers may levy and collect a tax on the residents of the municipality in the same manner as the municipality could have done.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter E. Payment of Indebtedness and Disposition of Assets by Corporate Officers or Trustees › Section 62.162. Settlement by Trustees

Sec. 62.162.  SETTLEMENT BY TRUSTEES.  (a)  If a municipality's officers fail or refuse to settle its affairs under Section 62.161, on the petition of any resident taxpayer of the municipality or any holder of an evidence of its indebtedness, a court with jurisdiction and located in the county in which the municipality is located shall appoint three trustees to take control of the municipality's property, dispose of the property, and settle its debts.
(b)  The trustees have the same powers that municipal officers have under this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter E. Payment of Indebtedness and Disposition of Assets by Corporate Officers or Trustees › Section 62.163. Action for Debt

Sec. 62.163.  ACTION FOR DEBT.  (a)  The holder of an indebtedness against a municipality to which Section 62.161 applies may bring a suit to establish the indebtedness in any court in this state with jurisdiction in the county in which the municipality is located.  The court may render judgment in the suit against the municipality as fully as if the municipality had not been abolished or its organization declared void.  The status of the municipality remains the same insofar as it affects the holders of its indebtedness until the indebtedness is paid.
(b)  The municipality may be served with process in the suit by serving the citation on a person who was or who acted as the mayor, the secretary, or the treasurer of the municipality at the time of the municipality's abolition.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter F. Abolition of Municipality Ceasing to Have Residents › Section 62.201. Petition for Abolition

Sec. 62.201.  PETITION FOR ABOLITION.  After the 120th day after the date a municipality ceases to have any persons residing within its boundaries, the owners of a majority of the land within the municipality may file a petition with a district court of the county in which all or a majority of the land in the municipality is located requesting the court to abolish the municipality.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 8(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter F. Abolition of Municipality Ceasing to Have Residents › Section 62.202. Hearing

Sec. 62.202.  HEARING.  (a)  Before the 60th day after the date the petition is filed, the district judge of the court shall hold a hearing on the petition.  Members of the public who wish to give testimony on the matter of abolishing the municipality must be given the opportunity to do so at the hearing.
(b)  The district judge must publish notice of the hearing in a newspaper of general circulation in the county in which all or a majority of the land in the municipality is located.  The notice must be published before the 10th day before the date of the hearing.  The notice must state:
(1)  the date, time, and place of the hearing;
(2)  the purpose of the hearing; and
(3)  the name of the municipality that is the subject of the hearing.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 8(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter F. Abolition of Municipality Ceasing to Have Residents › Section 62.203. Abolition Order

Sec. 62.203.  ABOLITION ORDER.  At the conclusion of the hearing or within 10 days after the date the hearing is concluded, the district judge shall issue an order declaring the municipality to be abolished if the judge finds that a valid petition was filed and no persons reside within the municipality.  The municipality ceases to exist on the date the order is issued.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 8(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 62 - Abolition of Municipalities › Subchapter F. Abolition of Municipality Ceasing to Have Residents › Section 62.204. Notice to Commissioners Court

Sec. 62.204.  NOTICE TO COMMISSIONERS COURT.  On the issuance of the order abolishing the municipality, the district judge shall certify the abolition to the commissioners court of the county in which all or a majority of the land in the abolished municipality is located.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 8(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter A. General Provisions › Section 71.001. Corporate and Political Body

Sec. 71.001.  CORPORATE AND POLITICAL BODY.  A county is a corporate and political body.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter A. General Provisions › Section 71.002. Place for Holding Terms of Courts in New County Before County Seat Is Designated

Sec. 71.002.  PLACE FOR HOLDING TERMS OF COURTS IN NEW COUNTY BEFORE COUNTY SEAT IS DESIGNATED.  Until the county seat of a new county is established, the terms of the district, county, and commissioners courts of the county shall be held at the place designated by the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter B. Election for Detachment or Attachment of County Territory › Section 71.011. Application and Election

Sec. 71.011.  APPLICATION AND ELECTION.  (a)  A part of a county may not be detached from one county and attached to another county unless the proposition for the change is approved by a majority of the voters in both counties as required by Article IX, Section 1, of the Texas Constitution.
(b)  On the written application of at least 50 qualified voters of a county, the county judge of the county shall order an election to consider detaching from the county a part of its territory or to consider attaching to the county a part of another county.
(c)  The application must designate the part by a metes and bounds description and must show:
(1)  the number of acres contained within the part;
(2)  the number of acres remaining in the county from which the part is detached;  and
(3)  the distance on a direct line from the county seat of the county from which the part is detached to the nearest point on the boundary of the detached territory.
(d)  The notice of the election must contain substantially the information included in the application and the election order.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter B. Election for Detachment or Attachment of County Territory › Section 71.012. Election Results

Sec. 71.012.  ELECTION RESULTS.  (a)  The returns of each election shall be made to the county judge of the county in which the election is held.
(b)  The county judge shall:
(1)  estimate the vote;
(2)  make duplicate statements of the estimate;  and
(3)  officially certify the statements.
(c)  The county judge shall seal in an envelope one copy of the certified statement and a certified copy of the voters' application for the election.  The judge shall write the judge's name across the seal of the envelope and shall endorse the envelope as "Election returns of ____________________ County."  The judge shall send the material by mail or other safe conveyance to the speaker of the house of representatives at the State Capitol so that the material will be received as early as practicable during the next legislative session.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter B. Election for Detachment or Attachment of County Territory › Section 71.013. Subsequent Election

Sec. 71.013.  SUBSEQUENT ELECTION.  If the election is held in a county and the proposition to detach part of the county is defeated at the election, a subsequent election for the same purpose may not be ordered or held within five years after the date of the initial election.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter C. Organization of Counties › Section 71.021. Attachment of Counties

Sec. 71.021.  ATTACHMENT OF COUNTIES.  (a)  Until a new county is legally organized, the territory of the new county remains subject to the county from which it is taken.
(b)  A legally organized county that, for any reason, loses its county organization is attached to the organized county whose county seat is closest to that of the disorganized county.  The attachment is made for judicial and surveying purposes and for the registration of a deed, mortgage, or other instrument that is required or permitted by law to be recorded.  The disorganized county remains attached until it is again legally organized.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter C. Organization of Counties › Section 71.022. Establishment of Precincts

Sec. 71.022.  ESTABLISHMENT OF PRECINCTS.  (a)  If a new county is established, the commissioners court of the county from which the largest part of the territory of the new county is taken shall, not later than one month before the date of the next scheduled general election:
(1)  divide the new county into convenient precincts for the election of justices of the peace and constables;  and
(2)  select convenient polling places in the new county.
(b)  The commissioners court shall direct the county clerk to make a record of its actions under this section and shall transmit a copy of that record to the person who is elected county judge of the new county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter C. Organization of Counties › Section 71.023. Election of County Officers

Sec. 71.023.  ELECTION OF COUNTY OFFICERS.  (a)  Before one month before the date of the next scheduled general election after a new county is established, the county judge of the county from which the new county is taken shall order an election for county officers to be held in the new county on the general election day.  The order shall specify the number of precincts, the precinct boundaries, and the officers to be elected in the new county.
(b)  The county judge shall appoint a presiding officer to hold the election at each designated place in the new county.  Each presiding officer shall hold the election in accordance with the state election laws and shall make the returns to the county judge who ordered the election.
(c)  The county judge shall open and examine the returns, issue certificates of election to the persons elected, and approve the bonds of the elected officers.
(d)  If the office of county judge is vacant, any two of the county commissioners may perform the duties required of the county judge under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter C. Organization of Counties › Section 71.024. Organization of Attached County

Sec. 71.024.  ORGANIZATION OF ATTACHED COUNTY.  On the written petition of at least 75 qualified voters who are residents of a disorganized county, the commissioners court of the county to which the disorganized county is attached for judicial or other purposes shall legally organize the county without delay in the manner provided by this subchapter for the organization of new counties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter C. Organization of Counties › Section 71.025. Delivery to New Officers

Sec. 71.025.  DELIVERY TO NEW OFFICERS.  The officers of a county from which a new county has been created or to which a newly organized county has been attached and all other persons who have in their possession books, records, maps, or other property that belongs to the new county shall deliver the material to the proper officers of the new county within five days after the date on which the new officers legally qualify.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter D. Apportionment of County Indebtedness › Section 71.031. Liability of New County

Sec. 71.031.  LIABILITY OF NEW COUNTY.  (a)  A new county is liable for a proportionate share of the indebtedness of the county from which it was created.
(b)  The new county's liability is the amount that bears the same ratio to the property value in the territory excised from the original county that the total indebtedness of the original county at the time of the creation of the new county bears to the total property value in the original county, including the value of the property in the territory excised from the original county.
(c)  After organization of the new county, the commissioners court of the new county shall levy a tax on all property in the new county in order to pay the proportionate share of the indebtedness at the same tax rate as that set by the commissioners court of the original county for the payment of the debt.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter D. Apportionment of County Indebtedness › Section 71.032. Suit to Enforce Payment of Liability

Sec. 71.032.  SUIT TO ENFORCE PAYMENT OF LIABILITY.  (a)  A county from which a new county has been created may sue to recover the new county's share of the original county's indebtedness.  The suit may be brought in a district court of either county.
(b)  If a suit is brought to enforce payment of the indebtedness created by the original county or of the excised territory's proportionate share of the indebtedness, the tax assessment rolls of the original county for the year in which the new county was created are conclusive evidence of the property remaining in the original county, the property in the excised territory, and the value of that property as of the date of the creation of the new county.  However, if the new county was organized and made assessment rolls for the year in which it was created, those assessment rolls are conclusive evidence of the property in the new county and the taxable value of that property as of the date of the creation of the new county, and the assessment rolls of the original county for that year are conclusive evidence of the property remaining in the original county and the value of that property as of the date of the creation of the new county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter D. Apportionment of County Indebtedness › Section 71.033. Tax to Pay Indebtedness

Sec. 71.033.  TAX TO PAY INDEBTEDNESS.  (a)  If the original county recovers in a suit brought under Section 71.032(a), the court that renders the judgment shall order the commissioners court of the newly created county to levy a special tax on all the property in the territory taken from the original county in an amount that is sufficient to satisfy the judgment.
(b)  If the first levy is insufficient to satisfy the judgment, the commissioners court shall make annual levies until the judgment is satisfied.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter D. Apportionment of County Indebtedness › Section 71.034. Liability of Attached Territory

Sec. 71.034.  LIABILITY OF ATTACHED TERRITORY.  (a)  If a part of a county is detached from a county and attached to another county, the attached territory remains liable for its proportionate share of the indebtedness of the county from which it was detached.
(b)  The commissioners court of the county to which the territory is attached shall levy a tax in the territory at a rate sufficient to pay the territory's share of the indebtedness.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 71 - Creation of Counties › Subchapter D. Apportionment of County Indebtedness › Section 71.035. County Bonds Held by School Fund

Sec. 71.035.  COUNTY BONDS HELD BY SCHOOL FUND.  (a)  The comptroller of public accounts shall apportion between a county and a new county created from territory detached from the original county the bonds, and the coupons due on those bonds, that are held by the permanent school fund if the bonds were legally issued by the original county before the new county was created.  The comptroller shall apportion the bonds and coupons in the manner provided by law.
(b)  The commissioners courts of the original county and the new county shall levy a tax at a rate sufficient to pay each county's proportionate share of the bond debt.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.001. Boundary Survey; Appointment of Surveyor

Sec. 72.001.  BOUNDARY SURVEY;  APPOINTMENT OF SURVEYOR.  (a)  If a county court finds, or is notified by the commissioner of the General Land Office, that the boundary or part of a boundary of the county is not sufficiently definite, the county court shall appoint an experienced and competent registered professional land surveyor to conduct a survey of the boundary in question.  The surveyor shall make and establish the boundary lines and corners in the manner prescribed by this chapter.
(b)  In the order appointing the surveyor, the county court shall designate the boundary lines to be run and the boundary corners to be established and marked and shall conform to the law that defined the boundaries of the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1091, Sec. 26, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.002. Notice to Adjacent County; Appointment of Additional Surveyor

Sec. 72.002.  NOTICE TO ADJACENT COUNTY;  APPOINTMENT OF ADDITIONAL SURVEYOR.  (a)  A county court that orders a boundary survey shall give notice of the survey to the county court of any other county that has an interest in the boundary by sending a copy of the order to the county court of that county.  The notice must be given before the 10th day before the date on which the notified county court meets.
(b)  The order must state the time and place for the beginning of the survey.  The day scheduled for the beginning of the survey must be on or before the 20th day after the day on which the notified county court meets.
(c)  The notified county court shall appoint an experienced and competent registered professional land surveyor to assist in the survey of the boundary lines in question.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1091, Sec. 27, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.003. Boundary Markers

Sec. 72.003.  BOUNDARY MARKERS.  (a)  The initial corners of the survey shall be designated by boundary markers.
(b)  Only a post, a stone monument, or a mound may be used as a boundary marker.
(c)  A post used as a boundary marker must be of hewn cedar, cypress, or bois d'arc.  The post must be at least eight inches in diameter and at least five feet in length and must be set in the ground to a depth of at least three feet.
(d)  A mound used as a boundary marker must be composed of stone if the use of stone is practicable.  If the use of stone is not practicable, a mound may be composed of earth.  A mound must be at least two feet in height.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.004. Duties of Surveyor; Field Notes

Sec. 72.004.  DUTIES OF SURVEYOR;  FIELD NOTES.  (a)  A surveyor appointed under this chapter shall describe the initial corners of the boundary lines on the boundary markers established at the corners.  The surveyor shall supervise the establishment of additional boundary markers at one-mile intervals along the boundary line.
(b)  In the field notes of the survey, the surveyor shall accurately describe all prominent natural objects that are crossed by or are adjacent to the boundary lines under survey, as well as the corners and lines of surveys on or near the boundaries.
(c)  After each boundary line in question is surveyed and marked, the surveyor promptly shall return the field notes and map of the survey to the county court that appointed the surveyor.
(d)  The county clerk shall record the field notes and map and shall deliver a certified copy of the notes and map to the General Land Office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.005. Oath and Bond of Surveyor

Sec. 72.005.  OATH AND BOND OF SURVEYOR.  (a)  Before performing duties under this chapter, a surveyor must take the oath of office prescribed by the constitution for appointed officers and must execute a bond conditioned that the surveyor will faithfully perform those duties.
(b)  The bond must be in the amount of $1,000, must be payable to the county judge or the judge's successors in office, and must have two or more sureties who are approved by the county judge.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.006. Payment of Expenses

Sec. 72.006.  PAYMENT OF EXPENSES.  (a)  The counties that have an interest in the boundary lines in question shall divide the expenses incurred in making the survey and establishing the boundary markers in proportion to each county's frontage on the line.
(b)  A surveyor appointed under this chapter is entitled to receive the actual expenses incurred in making the survey and any fees for surveying services agreed on by the surveyor and the counties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 991, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.007. Effect of Failure of Appointed Surveyor to Appear

Sec. 72.007.  EFFECT OF FAILURE OF APPOINTED SURVEYOR TO APPEAR.  If either of the surveyors appointed under Sections 72.001 and 72.002 is absent at the time and place scheduled for the beginning of the survey, the surveyor who is present shall conduct the survey alone and shall deliver the survey report to the county court that appointed that surveyor.  On approval by that court, the report shall be recorded as evidence of the boundary line in question and shall be treated as the true boundary between the counties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.008. Effect of Failure to Agree on Boundary

Sec. 72.008.  EFFECT OF FAILURE TO AGREE ON BOUNDARY.  (a)  If the surveyors appointed under Sections 72.001 and 72.002 fail to agree on the boundary line in question between their respective counties, they shall report to the commissioner of the General Land Office the facts of the disagreement, with a full statement of the questions at issue.
(b)  The commissioner shall examine the disputed matter at once.  From the information maintained in the General Land Office, the commissioner shall designate to the surveyors the line to be run, stating at what specific point the surveyors shall begin and to what specific point they shall run the line.  In the instructions to the surveyors, the commissioner shall adhere as closely as possible to the line designated in the law that created the county line.  The instructions from the commissioner constitute authority for the surveyors to run that line.  After the survey based on the commissioner's instructions, that line is the true boundary between the counties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.009. Suit to Establish Boundaries

Sec. 72.009.  SUIT TO ESTABLISH BOUNDARIES.  (a)  A county may bring suit against an adjacent county to establish the common boundary line.  The suit must be brought in the district court of a county in an adjoining judicial district whose boundaries are not affected by the suit and whose county seat is closest to the county seat of the county that brings the suit.  The court shall try the suit in the same manner in which it tries other suits.
(b)  The district court has jurisdiction to determine where the boundary line is located and may order the line to be re-marked and resurveyed.  The line established by the district court shall be treated as the true boundary between the counties unless the court determines that the line in question was established under prior law.  If the district court determines that the boundary line has been established under prior law, the court shall declare that line to be the true boundary between the counties and shall have that line resurveyed and established as the boundary.
(c)  The commissioner of the General Land Office may not mark a contested county line on the maps maintained by the land office until a certified copy of the final judgment is filed in the land office with a certified copy of the field notes of the boundary line established by the judgment.
(d)  The remedy provided by this section is in addition to any other remedy prescribed by this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 72 - County Boundaries › Section 72.010. Suit to Establish Boundaries of and Taxes Owed to Certain Counties or Taxing Units Located in Those Counties

Sec. 72.010.  SUIT TO ESTABLISH BOUNDARIES OF AND TAXES OWED TO CERTAIN COUNTIES OR TAXING UNITS LOCATED IN THOSE COUNTIES.  (a)  In this section:
(1)  "Like taxing units" means counties or other taxing units that are of the same type as one another and that by law may not include the same geographic territory.
(2)  "Taxing unit" has the meaning assigned by Section 1.04, Tax Code.
(b)  This section applies only to:
(1)  a county that has a population of less than 400,000 and contains a municipality with a population of at least 300,000;
(2)  a county that has a population of at least 50,000 and is adjacent to a county described by Subdivision (1); and
(3)  a taxing unit other than a county that has territory in a county described by Subdivision (1) or (2).
(c)  If, as a result of disputed, overlapping, or erroneously applied geographic boundaries between like taxing units, multiple like taxing units have imposed ad valorem taxes on the same property, the property owner may file suit in the supreme court to:
(1)  establish the correct geographic boundary between the taxing units; and
(2)  determine the amount of taxes owed on the property and the taxing unit or units to which the taxes are owed.
(d)  The supreme court has original jurisdiction to hear and determine a suit filed under Subsection (c) and may issue injunctive or declaratory relief in connection with the suit.
(e)  The supreme court shall enter a final order determining a suit filed under Subsection (c) not later than the 90th day after the date the suit is filed.
Added by Acts 2017, 85th Leg., R.S., Ch. 768 (S.B. 2242), Sec. 1, eff. June 12, 2017.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 73 - Location of County Seat › Subchapter A. County Seat in Newly Organized County › Section 73.001. Election Requirement

Sec. 73.001.  ELECTION REQUIREMENT.  If a new county is organized, the county judge who conducts the election for officers for the new county shall order an election for the location of the county seat.  The election shall be conducted in the same manner as an election for county officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 73 - Location of County Seat › Subchapter A. County Seat in Newly Organized County › Section 73.002. Vote Required for Location

Sec. 73.002.  VOTE REQUIRED FOR LOCATION.  The location that receives the majority of votes cast in the election is the county seat.  However, a county seat first established in a newly organized county may not be located more than five miles from the geographic center of the county unless at least two-thirds of the voters voting in the election on the subject vote for the site.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 73 - Location of County Seat › Subchapter B. Relocation of County Seats › Section 73.011. Application for Relocation Election

Sec. 73.011.  APPLICATION FOR RELOCATION ELECTION.  (a)  The county judge of a county shall order an election on the question of the relocation of the county seat of the county if an application for the relocation election is made by at least 100 resident freeholders and qualified voters of the county.  However:
(1)  if the county seat has been established in the same location for more than 10 years but for 40 years or less and the county has 350 or more voters, to be determined by the number of votes cast in the county in the most recent general election, at least 200 resident freeholders and qualified voters must make the application;  or
(2)  if the county has 150 or fewer qualified voters or if the county seat has been established in the same location for more than 40 years, a majority of the resident freeholders and qualified voters of the county, as determined by the county judge from the county assessment rolls, must make the application.
(b)  If the county judge fails, refuses, or is unable to perform a duty imposed on the judge by this section, that duty may be performed by any two county commissioners of the county.
(c)  An order under this section must be in writing and entered in the minutes of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 73 - Location of County Seat › Subchapter B. Relocation of County Seats › Section 73.012. Designation of Geographic Center of County

Sec. 73.012.  DESIGNATION OF GEOGRAPHIC CENTER OF COUNTY.  (a)  On notification by a county judge that a proposition to relocate the county seat has been submitted to the people of the county or that it is desirable that the center of the county be designated, before the relocation of the county seat, the commissioner of the General Land Office shall designate the geographic center of the county based on the maps, surveys, and other information on file in the General Land Office.  The commissioner shall certify the center to the county judge.
(b)  The county judge shall enter the commissioner's designation in the county deed records.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 73 - Location of County Seat › Subchapter B. Relocation of County Seats › Section 73.013. Election Requirements

Sec. 73.013.  ELECTION REQUIREMENTS.  (a)  A relocation election must be held on the first election date that is authorized by Chapter 41, Election Code, and that occurs after the 30th day after the date of the order.
(b)  The election shall be ordered to be held in each voting precinct in the county and shall be held, insofar as possible, in the same manner as an election for county officers.  The ballot shall be printed to provide for voting for or against the proposition:  "Moving the county seat from ____________________ (name of the place) to ____________________ (name of the place)."
(c)  The requirements of this subsection are in addition to those imposed by Article IX, Section 2, of the Texas Constitution relating to the number of votes that are necessary to move a county seat in certain cases.  A two-thirds vote of the voters voting at the election is required to move a county seat located:
(1)  more than five miles from the geographic center of the county to another site more than five miles from the center;  or
(2)  within five miles of the geographic center of the county to another site within five miles of the center.
(d)  The geographic center of the county shall be determined by a certificate from the commissioner of the General Land Office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 73 - Location of County Seat › Subchapter B. Relocation of County Seats › Section 73.014. Election Results; Relocation of County Seat

Sec. 73.014.  ELECTION RESULTS;  RELOCATION OF COUNTY SEAT.  (a)  Within 10 days after the date the relocation election is held, the officers who conduct the election shall bring the election returns to the county judge or the county commissioners who ordered the election.
(b)  The county judge or county commissioners shall tabulate the returns and declare the result.
(c)  In the records of the commissioners court, the county judge or county commissioners shall enter the result of the election, the name of the original site of the county seat, and the name of the new site if the election results in relocation.
(d)  A certified copy of the entry shall be recorded in the county deed records.
(e)  After the entry is made, a county seat that is changed by the election is relocated to the new site.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle A - Organization of Counties › Chapter 73 - Location of County Seat › Subchapter B. Relocation of County Seats › Section 73.015. Subsequent Relocation

Sec. 73.015.  SUBSEQUENT RELOCATION.  After an election for the location or removal of a county seat has been held and the question settled, an application for another relocation of the county seat may not be submitted within 10 years after the date of the last election.  However, an application may be submitted and a relocation election held within two years after the date of the last election to move a county seat from a site more than five miles from a railroad operating as a common carrier to a site on a railroad.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter A. Organization and Procedure › Section 81.001. Composition, Presiding Officer

Sec. 81.001.  COMPOSITION, PRESIDING OFFICER.  (a)  The members of the commissioners court are the county judge and the county commissioners.
(b)  If present, the county judge is the presiding officer of the commissioners court.  This subsection does not apply to a meeting held under Section 551.127, Government Code, if the county judge is not located at the physical space made available to the public for the meeting.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 5 (S.B. 988), Sec. 1, eff. May 10, 2017.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter A. Organization and Procedure › Section 81.002. Oath, Bond

Sec. 81.002.  OATH, BOND.  (a)  Before undertaking the duties of the county judge or a county commissioner, a person must take the official oath and swear in writing that the person will not be interested, directly or indirectly, in a contract with or claim against the county except:
(1)  a contract or claim expressly authorized by law;  or
(2)  a warrant issued to the judge or commissioner as a fee of office.
(b)  A commissioner must execute a bond, payable to the county treasurer, in the amount of $3,000.  The bond must be approved by the county judge and must be conditioned on the faithful performance of the commissioner's official duties.  The bond must also be conditioned that the commissioner:
(1)  will reimburse the county for all county funds illegally paid to the commissioner;  and
(2)  will not vote or consent to make a payment of county funds except for a lawful purpose.
(c)  Subject to the provisions of Chapter 171, the county judge or a county commissioner may serve as a member of the governing body of or as an officer or director of an entity that does business with the county, excluding a publicly traded corporation or a subsidiary, affiliate, or subdivision of a publicly traded corporation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 475, Sec. 1, eff. Aug. 28, 1989;  Acts 1999, 76th Leg., ch. 62, Sec. 13.02, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter A. Organization and Procedure › Section 81.0025. Continuing Education

Sec. 81.0025.  CONTINUING EDUCATION.  (a)  A county commissioner must successfully complete at least 16 hours of continuing education in the performance of the duties of county commissioners at least once in each 12-month period.
(b)  Continuing education instruction required by this section must be certified by an accredited public institution of higher education.  The instruction may be completed online with the approval of the commissioners court, except a county commissioner must complete the instruction in person in the first 12-month period of the commissioner's first term.
(c)  To satisfy the requirement of this section, a commissioner is entitled to carry forward from one 12-month period to the next not more than eight continuing education hours that the commissioner completes in excess of the required 16 hours.
(d)  For the purposes of removal under Subchapter B, Chapter 87, "incompetency" in the case of a county commissioner includes the failure to complete hours of continuing education in accordance with this section.
(e)  This section does not apply to a county commissioner who:
(1)  serves in a county with a population of 1.3 million or more;
(2)  meets at least one of the following requirements:
(A)  has served continuously for 12 years or more; or
(B)  is an attorney licensed to practice law in this state for 12 years or more and has completed at least 64 hours of continuing education approved by the County Judges and Commissioners Association of Texas; and
(3)  attends at least 15 hours of staff briefing on continuing education subjects in each 12-month period as approved by the County Judges and Commissioners Association of Texas.
(f)  In addition to the exceptions under Subsection (e), this section does not apply to a county commissioner who serves in a county with a population of 225,000 or more and who:
(1)  has served continuously for 12 years or more;  and
(2)  in the 12-month period, completes at least three semester credit hours of graduate-level course work in a field of study directly related to county government with a grade of B or higher in each course completed during the period.
Added by Acts 1989, 71st Leg., ch. 413, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1991, 72nd Leg., ch. 111, Sec. 1, eff. Jan. 1, 1992;  Acts 1995, 74th Leg., ch. 294, Sec. 1, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 1235, Sec. 1, eff. Jan. 1, 1998;  Acts 2003, 78th Leg., ch. 454, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 750 (H.B. 1879), Sec. 1, eff. June 17, 2015.
Acts 2021, 87th Leg., R.S., Ch. 144 (S.B. 230), Sec. 1, eff. May 26, 2021.