CHAPTER 73. LOCATION OF COUNTY SEAT - 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

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.

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.

SUBCHAPTER B. RELOCATION OF COUNTY SEATS

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.

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.

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.

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.

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.