Texas Local Government Code Title 2, Chapter 62 - Abolition Of Municipalities

SUBCHAPTER A AUTHORITY AND PROCEDURE

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B RECEIVERSHIPS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C PAYMENT OF INDEBTEDNESS AND DISPOSITION OF ASSETS UNDER RECEIVERSHIP

• Texas Section 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,
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...

SUBCHAPTER D SCHOOLS AND PUBLIC PROPERTY

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E PAYMENT OF INDEBTEDNESS AND DISPOSITION OF ASSETS BY CORPORATE OFFICERS OR TRUSTEES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F ABOLITION OF MUNICIPALITY CEASING TO HAVE RESIDENTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016