reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.0155. Expedited Proceedings for Certain Civil Actions

Sec. 54.0155.  EXPEDITED PROCEEDINGS FOR CERTAIN CIVIL ACTIONS.  (a)  A court shall expedite any proceeding, including an appeal in accordance with Subsection (b), related to a suit brought under this subchapter for the enforcement of an ordinance adopted by a municipality with a population of 500,000 or more relating to dangerously damaged or deteriorated structures or improvements as described by Section 54.012(6).
(b)  An appeal of a suit described by Subsection (a) is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure.  The appellate court shall render its final order or judgment with the least possible delay.
Added by Acts 2019, 86th Leg., R.S., Ch. 1273 (H.B. 36), Sec. 2, eff. June 14, 2019.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.016. Injunction

Sec. 54.016.  INJUNCTION.  (a)  On a showing of substantial danger of injury or an adverse health impact to any person or to the property of any person other than the defendant, the municipality may obtain against the owner or owner's representative with control over the premises an injunction that:
(1)  prohibits specific conduct that violates the ordinance;  and
(2)  requires specific conduct that is necessary for compliance with the ordinance.
(b)  It is not necessary for the municipality to prove that another adequate remedy or penalty for a violation does not exist or to show that prosecution in a criminal action has occurred or has been attempted.
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 D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.017. Civil Penalty

Sec. 54.017.  CIVIL PENALTY.  (a)  In a suit against the owner or the owner's representative with control over the premises, the municipality may recover a civil penalty if it proves that:
(1)  the defendant was actually notified of the provisions of the ordinance;  and
(2)  after the defendant received notice of the ordinance provisions, the defendant committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance.
(b)  A civil penalty under this section may not exceed $1,000 a day for a violation of an ordinance, except that a civil penalty under this section may not exceed $5,000 a day for a violation of an ordinance relating to point source effluent limitations or the discharge of a pollutant, other than from a non-point source, into a sewer system, including a sanitary or storm water sewer system, owned or controlled by the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 472, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.018. Action for Repair or Demolition of Structure

Sec. 54.018.  ACTION FOR REPAIR OR DEMOLITION OF STRUCTURE.  (a)  The municipality may bring an action to compel the repair or demolition of a structure or to obtain approval to remove the structure and recover removal costs.
(b)  In an action under this section, the municipality may also bring:
(1)  a claim for civil penalties under Section 54.017; and
(2)  an action in rem against the structure that may result in a judgment against the structure as well as a judgment against the defendant.
(c)  The municipality may file a notice of lis pendens in the office of the county clerk.  If the municipality files the notice, a subsequent purchaser or mortgagee who acquires an interest in the property takes the property subject to the enforcement proceeding and subsequent orders of the court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1054 (S.B. 173), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.019. Imprisonment; Contempt

Sec. 54.019.  IMPRISONMENT;  CONTEMPT.  (a)  A person is not subject to personal attachment or imprisonment for the failure to pay a civil penalty assessed under this subchapter.
(b)  This subchapter does not affect the power of a court to imprison a person for contempt of valid court orders or the availability of remedies or procedures for the collection of a judgment assessing civil penalties.  The remedies under Section 31.002, Civil Practice and Remedies Code, are preserved.
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 D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter B. Municipal Health and Safety Ordinances › Section 54.020. Abatement of Floodplain Violation in Municipalities; Lien

Sec. 54.020.  ABATEMENT OF FLOODPLAIN VIOLATION IN MUNICIPALITIES; LIEN.  (a) In addition to any necessary and reasonable actions authorized by law, a municipality may abate a violation of a floodplain management ordinance by causing the work necessary to bring real property into compliance with the ordinance, including the repair, removal, or demolition of a structure, fill, or other material illegally placed in the area designated as a floodplain, if:
(1)  the municipality gives the owner reasonable notice and opportunity to comply with the ordinance; and
(2)  the owner of the property fails to comply with the ordinance.
(b)  The municipality may assess the costs incurred by the municipality under Subsection (a) against the property.  The municipality has a lien on the property for the costs incurred  and for interest accruing at the annual rate of 10 percent on the amount due until the municipality is paid.
(c)  The municipality may perfect the lien by filing written notice of the lien with the county clerk of the county in which the property is located. The notice of lien must be in recordable form and must state the name of each property owner, if known, the legal description of the property, and the amount due.
(d)  The municipality's lien is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the municipality's lien attaches, if the mortgage lien was filed for record before the date the municipality files the notice of lien with the county clerk.  The municipality's lien is superior to all other previously recorded judgment liens.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1396 (H.B. 1554), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.031. Subchapter Applicable to Certain Municipalities

Sec. 54.031.  SUBCHAPTER APPLICABLE TO CERTAIN MUNICIPALITIES.  This subchapter applies to a municipality that by ordinance implements the subchapter.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 753, Sec. 5, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.032. Ordinances Subject to Quasi-Judicial Enforcement

Sec. 54.032.  ORDINANCES SUBJECT TO QUASI-JUDICIAL ENFORCEMENT.  This subchapter applies only to ordinances:
(1)  for the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;
(2)  relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits;
(3)  relating to dangerously damaged or deteriorated buildings or improvements;
(4)  relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents;
(5)  relating to a building code or to the condition, use, or appearance of property in a municipality;
(6)  relating to animal care and control; or
(7)  relating to water conservation measures, including watering restrictions.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1997, 75th Leg., ch. 582, Sec. 1, eff. June 2, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 135 (S.B. 654), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.033. Building and Standards Commission

Sec. 54.033.  BUILDING AND STANDARDS COMMISSION.  (a)  The governing body of the municipality may provide for the appointment of a building and standards commission to hear and determine cases concerning alleged violations of ordinances.
(b)  A commission appointed for the purpose of hearing cases under this subchapter shall consist of one or more panels, each composed of at least five members, to be appointed for terms of two years.
(c)  The appointing authority may remove a commission member for cause on a written charge.  Before a decision regarding removal is made, the appointing authority must hold a public hearing on the matter if requested by the commission member subject to the removal action.
(d)  A vacancy shall be filled for the unexpired term.
(e)  The governing body, by charter or ordinance, may provide for the appointment of eight or more alternate members of the commission who shall serve in the absence of one or more regular members when requested to do so by the mayor or city manager.  The alternate members serve for the same period and are subject to removal in the same manner as the regular members.  A vacancy is filled in the same manner as a vacancy among the regular members.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 1, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 413, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.034. Proceedings of Commission Panels

Sec. 54.034.  PROCEEDINGS OF COMMISSION PANELS.  (a)  All cases to be heard by the commission may be heard by any panel of the commission.  A majority of the members of a panel must hear a case.
(b)  A majority of the entire commission shall adopt rules for the entire commission in accordance with any ordinances adopted pursuant to this subchapter.  The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the municipality or its building officials relating to alleged violations of ordinances.
(c)  The governing body of the municipality by ordinance shall designate the appropriate official of the municipality who shall present all cases before the commission panels.
(d)  Meetings of the commission panels shall be held at the call of the chairman of each panel and at other times as determined by the commission.  All meetings of the commission and its panels shall be open to the public.  Each chairman of a panel, or in the chairman's absence each acting chairman, may administer oaths and compel the attendance of witnesses.
(e)  Each commission panel shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote.  Each commission panel shall keep records of its examinations and other official actions.  The minutes and records shall be filed immediately in the office of the commission as public records.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 2, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 413, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.036. Functions

Sec. 54.036.  FUNCTIONS.  A commission panel may:
(1)  order the repair, within a fixed period, of buildings found to be in violation of an ordinance;
(2)  declare a building substandard in accordance with the powers granted by this subchapter;
(3)  order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;
(4)  issue orders or directives to any peace officer of the state, including a sheriff or constable or the chief of police of the municipality, to enforce and carry out the lawful orders or directives of the commission panel;
(5)  determine the amount and duration of the civil penalty the municipality may recover as provided by Section 54.017.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.037. Civil Penalty

Sec. 54.037.  CIVIL PENALTY.  (a)  A determination made under Section 54.036(5) is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the municipality for final judgment in accordance with the established penalty.
(b)  To enforce any civil penalty under this subchapter, the municipal secretary or clerk must file with the district clerk of the county in which the municipality is located, a certified copy of the order of the commission panel establishing the amount and duration of the penalty.  No other proof is required for a district court to enter final judgment on the penalty.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 5, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.038. Vote

Sec. 54.038.  VOTE.  A majority vote of the members voting on a matter is necessary to take any action under this subchapter and any ordinance adopted by the municipality in accordance with this subchapter.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 6, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 413, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.040. Lien; Abstract

Sec. 54.040.  LIEN;  ABSTRACT.  (a)  An order issued under Section 54.036, including any civil penalties assessed under Section 54.036(5), is enforceable in the same manner as provided in Sections 214.001(k), (m), (n), and (o).  An abstract of judgment shall be ordered against all parties found to be the owners of the subject property or in possession of that property.
(b)  A lienholder does not have standing to bring a proceeding under Section 54.039 on the ground that the lienholder was not notified of the proceedings before the commission panel or was unaware of the condition of the property, unless the lienholder had first appeared before the commission panel and entered an appearance in opposition to the proceedings.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 8, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1141 (H.B. 2647), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.041. Commission Panel Decision Final

Sec. 54.041.  COMMISSION PANEL DECISION FINAL.  If no appeals are taken from the decision of the commission panel within the required period, the decision of the commission panel is, in all things, final and binding.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 9, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.042. Municipal Court Proceeding Not Affected

Sec. 54.042.  MUNICIPAL COURT PROCEEDING NOT AFFECTED.  This subchapter does not affect the ability of a municipality to proceed under the jurisdiction of the municipal court.
Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle D - General Powers of Municipalities › Chapter 54 - Enforcement of Municipal Ordinances › Subchapter C. Quasi-Judicial Enforcement of Health and Safety Ordinances › Section 54.043. Alternative Adjudication Processes

Sec. 54.043.  ALTERNATIVE ADJUDICATION PROCESSES.  A municipality by ordinance may adopt a civil adjudication process, as an alternative to the enforcement process prescribed by the other provisions of this subchapter, for the enforcement of ordinances described by Section 54.032.  The alternative process must contain provisions relating to notice, the conduct of proceedings, permissible orders, penalties, and judicial review that are similar to the provisions of this subchapter.
Added by Acts 1997, 75th Leg., ch. 582, Sec. 2, eff. June 2, 1997.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.001. Authority to Consolidate

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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.002. Consolidation Election

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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.003. Petitions to Consolidate; Election Orders

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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.004. Sequence of Elections; Election Dates

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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.005. Conduct of Election

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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.006. Approval and Registration of Consolidation

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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.007. Certification of Consolidation

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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.008. Effect of Consolidation

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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.009. Merger of Consolidated Municipalities

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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle E - Consolidation and Abolition of Municipalities › Chapter 61 - Consolidation of Municipalities › Section 61.010. Interval Between Elections

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.
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 A. Authority and Procedure › Section 62.001. Abolition of Corporate Existence

Sec. 62.001.  ABOLITION OF CORPORATE EXISTENCE.  A special-law municipality with 10,000 or fewer inhabitants or a general-law municipality may abolish its corporate existence as provided by 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 A. Authority and Procedure › Section 62.002. Petition and Election

Sec. 62.002.  PETITION AND ELECTION.  (a)  The mayor of the municipality shall order an election on the question of abolishing the municipality's corporate existence if a petition requesting that the election be held is submitted to the mayor and is signed by at least 400 qualified voters of the municipality.  However, if a majority of the qualified voters of the municipality is less than 400, the petition must be signed by at least two-thirds of the qualified voters of the municipality.  If the municipality has less than 400 qualified voters and has no municipal debt and does not provide services that would be otherwise provided by the county, the petition must be signed by at least one-fourth of the qualified voters in the municipality.
(b)  The mayor shall order the election to be held on the same date as the next general election at which the office of mayor is to be filled.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 329 (H.B. 2840), Sec. 1, eff. June 15, 2007.
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 A. Authority and Procedure › Section 62.003. Election Order; Conduct of Election

Sec. 62.003.  ELECTION ORDER;  CONDUCT OF ELECTION.  The election shall be ordered, conducted, and canvassed in the same manner as is required for an election to incorporate the municipality, except that the mayor of the municipality shall perform all acts that would be performed by the county judge.
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 A. Authority and Procedure › Section 62.004. Declaration of Abolition; Certification

Sec. 62.004.  DECLARATION OF ABOLITION;  CERTIFICATION.  If a majority of the votes received in an abolition election are for abolition, the mayor of the municipality shall declare the municipality abolished and certify the abolition to the commissioners court of the county in which the municipality is located.  The commissioners court shall enter the abolition order in its minutes, at which time the municipality ceases to exist.
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 B. Receiverships › Section 62.041. Application for and Appointment of Receiver

Sec. 62.041.  APPLICATION FOR AND APPOINTMENT OF RECEIVER.  (a)  Any creditor of a validly incorporated municipality that abolishes its corporate existence may apply to a district judge in the district in which the municipality is located to appoint a receiver for the municipality.
(b)  After an application is filed and proper notice of the application is posted, the judge hearing the application in term time or vacation may appoint a suitable person as receiver.
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 B. Receiverships › Section 62.042. Notice of Application

Sec. 62.042.  NOTICE OF APPLICATION.  Before a judge may appoint a receiver, written notice stating the substance of the application for the appointment of the receiver and when and before whom the application will be heard must be posted at three or more public places in the county in which the municipality is located, one of which must be in the municipality itself.
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 B. Receiverships › Section 62.043. Bond

Sec. 62.043.  BOND.  (a)  A judge appointing a receiver shall set the receiver's bond at an amount that is at least twice the probable amount of the indebtedness or the value of the property of the municipality.
(b)  The bond must be conditioned that the receiver will faithfully perform the duties of receiver and that the receiver will pay and deliver all money and property acquired as receiver to the parties entitled to the money or property.
(c)  The bond must be approved by the judge who appoints the receiver.
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 B. Receiverships › Section 62.044. Filing and Recording Order and Bond

Sec. 62.044.  FILING AND RECORDING ORDER AND BOND.  The district clerk of the county in which the abolished municipality is located shall file the receiver's bond and the order appointing the receiver with the minutes of the court, and the clerk shall record the order and the bond in the minutes.
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 B. Receiverships › Section 62.045. Duties and Authority

Sec. 62.045.  DUTIES AND AUTHORITY.  (a)  After the receiver gives the required bond, and after the bond is filed and recorded, the receiver shall:
(1)  take control of all real and personal property of the abolished municipality, including money, minute books, ordinances, and similar property, but not including property that pertains to the public schools or that is devoted exclusively to public use;  and
(2)  in the next term of the court in which the receivership is pending, return to the court an inventory of the property taken by the receiver.
(b)  Under a court order, or an order of the judge if the court is in vacation, the receiver may bring suit against any person in possession of the property of an abolished municipality or who is indebted to it in the same manner as the municipality could if it were still incorporated.
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 B. Receiverships › Section 62.046. Compensation

Sec. 62.046.  COMPENSATION.  A court appointing a receiver under this subchapter may authorize compensation for the receiver.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.081. Presentation of Claims

Sec. 62.081.  PRESENTATION OF CLAIMS.  A person who has a claim against an abolished municipality must present a verified statement of the amount of the claim to the receiver within six months after the date the receiver is appointed.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.082. Notice of Claims

Sec. 62.082.  NOTICE OF CLAIMS.  (a)  A receiver may not allow or approve a claim or account against an abolished municipality until notice of presentment of the claim or account is given by publication in a newspaper in the municipality in which the claim is filed or presented for four consecutive weeks or, if a newspaper is not published in the municipality, by posting the notice for four consecutive weeks at the door of the courthouse of the county in which the municipality is located.
(b)  The published or posted notice must state:
(1)  the name and residence address of the creditor;
(2)  the amount and date of the claim and account;  and
(3)  the purpose for which the claim or account was incurred.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.083. Approval of Claims

Sec. 62.083.  APPROVAL OF CLAIMS.  If the receiver of an abolished municipality determines a claim is correct, the receiver shall mark it as allowed and file it in the district court.  The court shall also approve the claim at its next regular term if no protest is filed.  On approval by the court, the claim is a valid debt 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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.084. Complete or Partial Disallowance of Claim

Sec. 62.084.  COMPLETE OR PARTIAL DISALLOWANCE OF CLAIM.  (a)  If a receiver of an abolished municipality determines that a claim is partially or completely unjust, the receiver shall endorse his finding on the claim and return it to the claimant.
(b)  A claimant who accepts the findings of the receiver may file the claim with the district court.  The court shall act on the part of the claim allowed in the same manner as other claims.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.085. Taxpayer Protest

Sec. 62.085.  TAXPAYER PROTEST.  (a)  A district court may not approve a claim against an abolished municipality until the full amount of the claim is established by the judgment of a court of competent jurisdiction if a taxpayer of the municipality:
(1)  files a protest against the claim in the district court;  and
(2)  files a bond that is conditioned that the taxpayer will pay all costs of suit if the claimant fully establishes his claim by the judgment of a state court with jurisdiction of the claim.
(b)  The taxpayer's bond must be approved by the court in which it is filed.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.086. Suits to Establish Claims

Sec. 62.086.  SUITS TO ESTABLISH CLAIMS.  (a)  A claimant may bring a suit against the receiver of an abolished municipality to establish a claim the receiver completely or partially disallowed or to establish a claim protested by a taxpayer.
(b)  The receiver shall assert all applicable legal defenses against a suit under this section.
(c)  The court trying a suit under this section may hear and consider any material defense against the claim except limitation, even if the claim previously has been reduced to judgment.  However, the court shall consider a prior judgment establishing the claim as prima facie evidence of the justness of the claim.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.087. Allowance and Approval of Established Claims

Sec. 62.087.  ALLOWANCE AND APPROVAL OF ESTABLISHED CLAIMS.  A receiver of an abolished municipality shall allow, and a district court shall approve, a claim that is established by a judgment against the receiver.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.088. Liability for Costs

Sec. 62.088.  LIABILITY FOR COSTS.  (a)  A claimant in a suit against the receiver of an abolished municipality who rejects part of the claimant's claim is liable for the costs of the suit unless the claimant establishes the claim in an amount greater than the amount allowed by the receiver.
(b)  A claimant in a suit to establish his claim because of a taxpayer protest under Section 62.085 is liable for the costs of the suit unless the claimant obtains a judgment for the full amount he asked the district court to approve.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.089. Limitations

Sec. 62.089.  LIMITATIONS.  (a)  Limitations do not begin to run, do not expire, and may not be pled to bar a claim against an abolished municipality until six months after the date a receiver is appointed for the municipality.
(b)  A claimant may not bring a suit against the receiver of an abolished municipality on a claim that is partially or completely disallowed under Section 62.084 or against which a taxpayer files a protest under Section 62.085 after six months after the date the claim is disallowed or the protest is filed.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.090. Payment of Claims

Sec. 62.090.  PAYMENT OF CLAIMS.  The court in which the receivership of an abolished municipality is pending shall:
(1)  provide for the payment of the claims legally established against the municipality;
(2)  determine the priority of the claims;
(3)  order the sale of all property held by the receiver that is subject to sale for the satisfaction of the municipality's indebtedness;  and
(4)  direct the receiver to pay the claims legally established against 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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.091. Additional Tax

Sec. 62.091.  ADDITIONAL TAX.  (a)  If the money of an abolished municipality and the proceeds from the sale of its property are insufficient to pay its indebtedness, at the request of any creditor the court in which the receivership is pending at its first regular term each year shall levy a tax on all real and personal property that is not exempt from taxation and that on the first day of January of the preceding year is located within the corporate limits of the municipality as those limits previously existed.
(b)  The court shall levy a tax sufficient to discharge the municipality's indebtedness, except that the court may not set the tax at a rate that is greater than the rate allowed by law for such purposes in municipalities.
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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.092. Assessment and Collection of Tax

Sec. 62.092.  ASSESSMENT AND COLLECTION OF TAX.  (a)  The tax assessor-collector for the county in which an abolished municipality is located shall assess and collect a tax ordered under Section 62.091.
(b)  The tax assessor-collector shall pay the taxes collected to the receiver for 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 C. Payment of Indebtedness and Disposition of Assets Under Receivership › Section 62.093. Delinquent Taxes

Sec. 62.093.  DELINQUENT TAXES.  A receiver for an abolished municipality may bring suit against a delinquent taxpayer and enforce a lien against the taxpayer's property in the same manner as if the corporate existence of the municipality had not been abolished and the levy and assessment had been made by the municipality's governing body and assessor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.