LOCAL GOVERNMENT CODE
CHAPTER 42. EXTRATERRITORIAL JURISDICTION OF MUNICIPALITIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 42.001. PURPOSE OF EXTRATERRITORIAL
JURISDICTION. The legislature declares it the policy of the state
to designate certain areas as the extraterritorial jurisdiction of
municipalities to promote and protect the general health, safety,
and welfare of persons residing in and adjacent to the
municipalities.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. DETERMINATION OF EXTRATERRITORIAL JURISDICTION
§ 42.021. EXTENT OF EXTRATERRITORIAL JURISDICTION. The
extraterritorial jurisdiction of a municipality is the
unincorporated area that is contiguous to the corporate boundaries
of the municipality and that is located:
(1) within one-half mile of those boundaries, in the
case of a municipality with fewer than 5,000 inhabitants;
(2) within one mile of those boundaries, in the case of
a municipality with 5,000 to 24,999 inhabitants;
(3) within two miles of those boundaries, in the case
of a municipality with 25,000 to 49,999 inhabitants;
(4) within 3-1/2 miles of those boundaries, in the
case of a municipality with 50,000 to 99,999 inhabitants; or
(5) within five miles of those boundaries, in the case
of a municipality with 100,000 or more inhabitants.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 42.022. EXPANSION OF EXTRATERRITORIAL
JURISDICTION. (a) When a municipality annexes an area, the
extraterritorial jurisdiction of the municipality expands with the
annexation to comprise, consistent with Section 42.021, the area
around the new municipal boundaries.
(b) The extraterritorial jurisdiction of a municipality may
expand beyond the distance limitations imposed by Section 42.021 to
include an area contiguous to the otherwise existing
extraterritorial jurisdiction of the municipality if the owners of
the area request the expansion.
(c) The expansion of the extraterritorial jurisdiction of a
municipality through annexation, request, or increase in the number
of inhabitants may not include any area in the existing
extraterritorial jurisdiction of another municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 42.0225. EXTRATERRITORIAL JURISDICTION AROUND CERTAIN
MUNICIPALLY OWNED PROPERTY. (a) This section applies only to an
area owned by a municipality that is:
(1) annexed by the municipality; and
(2) not contiguous to other territory of the
municipality.
(b) Notwithstanding Section 42.021, the annexation of an
area described by Subsection (a) does not expand the
extraterritorial jurisdiction of the municipality.
Added by Acts 1999, 76th Leg., ch. 1167, § 1, eff. Sept. 1, 1999.
§ 42.023. REDUCTION OF EXTRATERRITORIAL
JURISDICTION. The extraterritorial jurisdiction of a municipality
may not be reduced unless the governing body of the municipality
gives its written consent by ordinance or resolution, except in
cases of judicial apportionment of overlapping extraterritorial
jurisdictions under Section 42.901.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 42.024. TRANSFER OF EXTRATERRITORIAL JURISDICTION
BETWEEN CERTAIN MUNICIPALITIES. (a) In this section:
(1) "Adopting municipality" means a home-rule
municipality with a population of less than 25,000 that purchases
and appropriates raw water for its water utility through a
transbasin diversion permit from one or two river authorities in
which the municipality has territory.
(2) "Releasing municipality" means a home-rule
municipality with a population of more than 450,000 that owns an
electric utility, that has a charter provision allowing for
limited-purpose annexation, and that has annexed territory for a
limited purpose.
(b) The governing body of an adopting municipality may by
resolution include in its extraterritorial jurisdiction an area
that is in the extraterritorial jurisdiction of a releasing
municipality if:
(1) the releasing municipality does not provide water,
sewer services, and electricity to the released area;
(2) the owners of a majority of the land within the
released area request that the adopting municipality include in its
extraterritorial jurisdiction the released area;
(3) the released area is:
(A) adjacent to the territory of the adopting
municipality;
(B) wholly within a county in which both
municipalities have territory; and
(C) located in one or more school districts, each
of which has the majority of its territory outside the territory of
the releasing municipality;
(4) the adopting municipality adopts ordinances or
regulations within the released area for water quality standards
relating to the control or abatement of water pollution that are in
conformity with those of the Texas Natural Resource Conservation
Commission applicable to the released area on January 1, 1995;
(5) the adopting municipality has adopted a service
plan to provide water and sewer service to the area acceptable to
the owners of a majority of the land within the released area; and
(6) the size of the released area does not exceed the
difference between the total area within the extraterritorial
jurisdiction of the adopting municipality, exclusive of the
extraterritorial jurisdiction of the releasing municipality, on
the date the resolution was adopted under this subsection, as
determined by Section 42.021, and the total area within the
adopting municipality's extraterritorial jurisdiction on the date
of the resolution.
(c)(1) The service plan under Subsection (b)(5) shall include
an assessment of the availability and feasibility of participation
in any regional facility permitted by the Texas Natural Resource
Conservation Commission in which the releasing municipality is a
participant and had plans to provide service to the released area.
The plan for regional service shall include:
(A) proposed dates for providing sewer service
through the regional facility;
(B) terms of financial participation to provide
sewer service to the released area, including rates proposed for
service sufficient to reimburse the regional participants over a
reasonable time for any expenditures associated with that portion
of the regional facility designed or constructed to serve the
released area as of January 1, 1993; and
(C) participation by the adopting municipality
in governance of the regional facility based on the percentage of
land to be served by the regional facility in the released area
compared to the total land area to be served by the regional
facility.
(2) The adopting municipality shall deliver a copy of
the service plan to the releasing municipality and any other
participant in any regional facility described in this subsection
at least 30 days before the resolution to assume extraterritorial
jurisdiction. The releasing municipality and any other participant
in any regional facility described in this subsection by resolution
shall, within 30 days of delivery of the service plan, either accept
that portion of the service plan related to participation by the
adopting municipality in the regional facility or propose
alternative terms of participation.
(3) If the adopting municipality, the releasing
municipality, and any other participant in any regional facility
described in this subsection fail to reach agreement on the service
plan within 60 days after the service plan is delivered, any
municipality that is a participant in the regional facility or any
owner of land within the area to be released may appeal the matter
to the Texas Natural Resource Conservation Commission. The Texas
Natural Resource Conservation Commission shall, in its resolution
of any differences between proposals submitted for review in this
subsection, use a cost-of-service allocation methodology which
treats each service unit in the regional facility equally, with any
variance in rates to be based only on differences in costs based on
the time service is provided to an area served by the regional
facility. The Texas Natural Resource Conservation Commission may
allow the adopting municipality, the releasing municipality, or any
other participant in any regional facility described in this
subsection to withdraw from participation in the regional facility
on a showing of undue financial hardship.
(4) A decision by the Texas Natural Resource
Conservation Commission under this subsection is not subject to
judicial review, and any costs associated with the commission's
review shall be assessed to the parties to the decision in
proportion to the percentage of land served by the regional
facility subject to review in the jurisdiction of each party.
(5) The releasing municipality shall not, prior to
January 1, 1997, discontinue or terminate any interlocal agreement,
contract, or commitment relating to water or sewer service that it
has as of January 1, 1995, with the adopting municipality without
the consent of the adopting municipality.
(d) On the date the adopting municipality delivers a copy of
the resolution under Subsection (b) to the municipal clerk of the
releasing municipality, the released area shall be included in the
extraterritorial jurisdiction of the adopting municipality and
excluded from the extraterritorial jurisdiction of the releasing
municipality.
(e) If any part of a tract of land, owned either in fee
simple or under common control or undivided ownership, was or
becomes split, before or after the dedication or deed of a portion
of the land for a public purpose, between the extraterritorial
jurisdiction of a releasing municipality and the jurisdiction of
another municipality, or is land described in Subsection (b)(3)(C),
the authority to act under Chapter 212 and the authority to regulate
development and building with respect to the tract of land is, on
the request of the owner to the municipality, with the municipality
selected by the owner of the tract of land. The municipality
selected under this subsection may also provide or authorize
another person or entity to provide municipal services to land
subject to this subsection.
(f) Nothing in this section requires the releasing
municipality to continue to participate in a regional wastewater
treatment plant providing service, or to provide new services, to
any territory within the released area.
(g) This section controls over any conflicting provision of
this subchapter.
Added by Acts 1995, 74th Leg., ch. 766, § 1, eff. Aug. 28, 1995.
§ 42.025. RELEASE OF EXTRATERRITORIAL JURISDICTION BY
CERTAIN MUNICIPALITIES. (a) In this section, "eligible property"
means any portion of a contiguous tract of land:
(1) that is located in the extraterritorial
jurisdiction of a municipality within one-half mile of the
territory of a proposed municipal airport;
(2) for which a contract for land acquisition services
was awarded by the municipality; and
(3) that has not been acquired through the contract
described by Subdivision (2) for the proposed municipal airport.
(b) The owner of eligible property may petition the
municipality to release the property from the municipality's
extraterritorial jurisdiction not later than June 1, 1996. The
petition must be filed with the secretary or clerk of the
municipality.
(c) Not later than the 10th day after the date the secretary
or clerk receives a petition under Subsection (b), the municipality
by resolution shall release the eligible property from the
extraterritorial jurisdiction of the municipality.
(d) Eligible property that is released from the
extraterritorial jurisdiction of a municipality under Subsection
(c) may be included in the extraterritorial jurisdiction of another
municipality if:
(1) any part of the other municipality is located in
the same county as the property; and
(2) the other municipality and the owner agree to the
inclusion of the property in the extraterritorial jurisdiction.
Added by Acts 1995, 74th Leg., ch. 788, § 1, eff. June 16, 1995.
Renumbered from V.T.C.A., Local Government Code § 42.024 by Acts
1997, 75th Leg., ch. 165, § 31.01(64), eff. Sept. 1, 1997.
§ 42.026. LIMITATION ON EXTRATERRITORIAL JURISDICTION
OF CERTAIN MUNICIPALITIES. (a) In this section, "navigable
stream" has the meaning assigned by Section 21.001, Natural
Resources Code.
(b) This section applies only to an area that is:
(1) located in the extraterritorial jurisdiction of a
home-rule municipality that has a population of 60,000 or less and
is located in whole or in part in a county with a population of
240,000 or less;
(2) located outside the county in which a majority of
the land area of the municipality is located; and
(3) separated from the municipality's corporate
boundaries by a navigable stream.
(c) A municipality that, on August 31, 1999, includes that
area in its extraterritorial jurisdiction shall, before January 1,
2000:
(1) adopt an ordinance removing that area from the
municipality's extraterritorial jurisdiction; or
(2) enter into an agreement with a municipality
located in the county in which that area is located to transfer that
area to the extraterritorial jurisdiction of that municipality.
(d) If the municipality that is required to act under
Subsection (c) does not do so as provided by that subsection, the
area is automatically removed from the extraterritorial
jurisdiction of that municipality on January 1, 2000.
(e) Section 42.021 does not apply to a transfer of
extraterritorial jurisdiction under Subsection (c)(2).
Added by Acts 1999, 76th Leg., ch. 1494, § 1, eff. Aug. 30, 1999.
SUBCHAPTER C. CREATION OF GOVERNMENTAL ENTITIES IN
EXTRATERRITORIAL JURISDICTION
§ 42.041. MUNICIPAL INCORPORATION IN EXTRATERRITORIAL
JURISDICTION. (a) A municipality may not be incorporated in the
extraterritorial jurisdiction of an existing municipality unless
the governing body of the existing municipality gives its written
consent by ordinance or resolution.
(b) If the governing body of the existing municipality
refuses to give its consent, a majority of the qualified voters of
the area of the proposed municipality and the owners of at least 50
percent of the land in the proposed municipality may petition the
governing body to annex the area. If the governing body fails or
refuses to annex the area within six months after the date it
receives the petition, that failure or refusal constitutes the
governing body's consent to the incorporation of the proposed
municipality.
(c) The consent to the incorporation of the proposed
municipality is only an authorization to initiate incorporation
proceedings as provided by law.
(d) If the consent to initiate incorporation proceedings is
obtained, the incorporation must be initiated within six months
after the date of the consent and must be finally completed within
18 months after the date of the consent. Failure to comply with
either time requirement terminates the consent.
(e) This section applies only to the proposed
municipality's area located in the extraterritorial jurisdiction
of the existing municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 42.042. CREATION OF POLITICAL SUBDIVISION TO SUPPLY
WATER OR SEWER SERVICES, ROADWAYS, OR DRAINAGE FACILITIES IN
EXTRATERRITORIAL JURISDICTION. (a) A political subdivision, one
purpose of which is to supply fresh water for domestic or commercial
use or to furnish sanitary sewer services, roadways, or drainage,
may not be created in the extraterritorial jurisdiction of a
municipality unless the governing body of the municipality gives
its written consent by ordinance or resolution in accordance with
this subsection and the Water Code. In giving its consent, the
municipality may not place any conditions or other restrictions on
the creation of the political subdivision other than those
expressly permitted by Section 54.016(e), Water Code.
(b) If the governing body fails or refuses to give its
consent for the creation of the political subdivision on mutually
agreeable terms within 90 days after the date it receives a written
request for the consent, a majority of the qualified voters of the
area of the proposed political subdivision and the owners of at
least 50 percent of the land in the proposed political subdivision
may petition the governing body to make available to the area the
water, sanitary sewer services, or both that would be provided by
the political subdivision.
(c) If, within 120 days after the date the governing body
receives the petition, the governing body fails to make a contract
with a majority of the qualified voters of the area of the proposed
political subdivision and the owners of at least 50 percent of the
land in the proposed political subdivision to provide the services,
that failure constitutes the governing body's consent to the
creation of the proposed political subdivision.
(d) The consent to the creation of the political subdivision
is only an authorization to initiate proceedings to create the
political subdivision as provided by law.
(e) Repealed by Acts 1997, 75th Leg., ch. 1070, § 55,
eff. Sept. 1, 1997.
(f) If the municipality fails or refuses to give its consent
to the creation of the political subdivision or fails or refuses to
execute a contract providing for the water or sanitary sewer
services requested within the time limits prescribed by this
section, the applicant may petition the Texas Natural Resource
Conservation Commission for the creation of the political
subdivision or the inclusion of the land in a political
subdivision. The commission shall allow creation of the political
subdivision or inclusion of the land in a proposed political
subdivision on finding that the municipality either does not have
the reasonable ability to serve or has failed to make a legally
binding commitment with sufficient funds available to provide water
and wastewater service adequate to serve the proposed development
at a reasonable cost to the landowner. The commitment must provide
that construction of the facilities necessary to serve the land
will begin within two years and will be substantially completed
within 4-1/2 years after the date the petition was filed with the
municipality.
(g) On an appeal taken to the district court from the Texas
Natural Resource Conservation Commission's ruling, all parties to
the commission hearing must be made parties to the appeal. The
court shall hear the appeal within 120 days after the date the
appeal is filed. If the case is continued or appealed to a higher
court beyond the 120-day period, the court shall require the
appealing party or party requesting the continuance to post a bond
or other adequate security in the amount of damages that may be
incurred by any party as a result of the appeal or delay from the
commission action. The amount of the bond or other security shall
be determined by the court after notice and hearing. On final
disposition, a court may award damages, including any damages for
delays, attorney's fees, and costs of court to the prevailing
party.
(h) A municipality may not unilaterally extend the time
limits prescribed by this section through the adoption of
preapplication periods or by passage of any rules, resolutions,
ordinances, or charter provisions. However, the municipality and
the petitioner may jointly petition the Texas Natural Resource
Conservation Commission to request an extension of the time limits.
(i) Repealed by Acts 1989, 71st Leg., ch. 1058, § 1, eff.
Sept. 1, 1989.
(j) The consent requirements of this section do not apply to
the creation of a special utility district under Chapter 65, Water
Code. If a special utility district is to be converted to a
district with taxing authority that provides utility services, this
section applies to the conversion.
(k) This section, except Subsection (i), applies only to the
proposed political subdivision's area located in the
extraterritorial jurisdiction of the municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 3(b), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1058, § 1, eff. Sept. 1, 1989; Acts 1995,
74th Leg., ch. 76, § 11.254, eff. Sept. 1, 1995.
§ 42.043. REQUIREMENTS APPLYING TO PETITION. (a) A
petition under Section 42.041 or 42.042 must:
(1) be written;
(2) request that the area be annexed or that the
services be made available, as appropriate;
(3) be signed in ink or indelible pencil by the
appropriate voters and landowners;
(4) be signed, in the case of a person signing as a
voter, as the person's name appears on the most recent official list
of registered voters;
(5) contain, in the case of a person signing as a
voter, a note made by the person stating the person's residence
address and the precinct number and voter registration number that
appear on the person's voter registration certificate;
(6) contain, in the case of a person signing as a
landowner, a note made by the person opposite the person's name
stating the approximate total acreage that the person owns in the
area to be annexed or serviced;
(7) describe the area to be annexed or serviced and
have a plat of the area attached; and
(8) be presented to the secretary or clerk of the
municipality.
(b) The signatures to the petition need not be appended to
one paper.
(c) Before the petition is circulated among the voters and
landowners, notice of the petition must be given by posting a copy
of the petition for 10 days in three public places in the area to be
annexed or serviced and by publishing the notice once, in a
newspaper of general circulation serving the area, before the 15th
day before the date the petition is first circulated. Proof of
posting and publication must be made by attaching to the petition
presented to the secretary or clerk:
(1) the affidavit of any voter who signed the
petition, stating the places and dates of the posting;
(2) the affidavit of the publisher of the newspaper in
which the notice was published, stating the name of the newspaper
and the issue and date of publication; and
(3) the affidavit of at least three voters who signed
the petition, if there are that many, stating the total number of
voters residing in the area and the approximate total acreage in the
area.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 42.044. CREATION OF INDUSTRIAL DISTRICT IN
EXTRATERRITORIAL JURISDICTION. (a) In this section, "industrial
district" has the meaning customarily given to the term but also
includes any area in which tourist-related businesses and
facilities are located.
(b) The governing body of a municipality may designate any
part of its extraterritorial jurisdiction as an industrial district
and may treat the designated area in a manner considered by the
governing body to be in the best interests of the municipality.
(c) The governing body may make written contracts with
owners of land in the industrial district:
(1) to guarantee the continuation of the
extraterritorial status of the district and its immunity from
annexation by the municipality for a period not to exceed 15 years;
and
(2) with other lawful terms and considerations that
the parties agree to be reasonable, appropriate, and not unduly
restrictive of business activities.
(d) The parties to a contract may renew or extend it for
successive periods not to exceed 15 years each. In the event any
owner of land in an industrial district is offered an opportunity to
renew or extend a contract, then all owners of land in that
industrial district must be offered an opportunity to renew or
extend a contract subject to the provisions of Subsection (c).
(e) A municipality may provide for adequate fire-fighting
services in the industrial district by:
(1) directly furnishing fire-fighting services that
are to be paid for by the property owners of the district;
(2) contracting for fire-fighting services, whether
or not all or a part of the services are to be paid for by the
property owners of the district; or
(3) contracting with the property owners of the
district to have them provide for their own fire-fighting services.
(f) A property owner who provides for his own fire-fighting
services under this section may not be required to pay any part of
the cost of the fire-fighting services provided by the municipality
to other property owners in the district.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 975, § 1, eff. Aug. 30, 1993.
§ 42.045. CREATION OF POLITICAL SUBDIVISION IN
INDUSTRIAL DISTRICT. (a) A political subdivision, one purpose of
which is to provide services of a governmental or proprietary
nature, may not be created in an industrial district designated
under Section 42.044 by a municipality unless the municipality
gives its written consent by ordinance or resolution. The
municipality shall give or deny consent within 60 days after the
date the municipality receives a written request for consent.
Failure to give or deny consent in the allotted period constitutes
the municipality's consent to the initiation of the creation
proceedings.
(b) If the consent is obtained, the creation proceedings
must be initiated within six months after the date of the consent
and must be finally completed within 18 months after the date of the
consent. Failure to comply with either time requirement terminates
the consent for the proceedings.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 42.046. DESIGNATION OF A PLANNED UNIT DEVELOPMENT
DISTRICT IN EXTRATERRITORIAL JURISDICTION. (a) The governing
body of a municipality that has disannexed territory previously
annexed for limited purposes may designate an area within its
extraterritorial jurisdiction as a planned unit development
district by written agreement with the owner of the land under
Subsection (b). The agreement shall be recorded in the deed records
of the county or counties in which the land is located. A planned
unit development district designated under this section shall
contain no less than 250 acres. If there are more than four owners
of land to be designated as a single planned unit development, each
owner shall appoint a single person to negotiate with the
municipality and authorize that person to bind each owner for
purposes of this section.
(b) An agreement governing the creation, development, and
existence of a planned unit development district established under
this section shall be between the governing body of the
municipality and the owner of the land subject to the agreement.
The agreement shall not be effective until signed by both parties
and by any other person with an interest in the land, as that
interest is evidenced by an instrument recorded in the deed records
of the county or counties in which the land is located. The parties
may agree:
(1) to guarantee continuation of the extraterritorial
status of the planned unit development district and its immunity
from annexation by the municipality for a period not to exceed 15
years after the effective date of the agreement;
(2) to authorize certain land uses and development
within the planned unit development;
(3) to authorize enforcement by the municipality of
certain municipal land use and development regulations within the
planned unit development district, in the same manner such
regulations are enforced within the municipality's boundaries, as
may be agreed by the landowner and the municipality;
(4) to vary any watershed protection regulations;
(5) to authorize or restrict the creation of political
subdivisions within the planned unit development district; and
(6) to such other terms and considerations the parties
consider appropriate.
(c) The agreement between the governing body of the
municipality and the owner of the land within the planned unit
development district shall be binding upon all subsequent governing
bodies of the municipality and subsequent owners of the land within
the planned unit development district for the term of the
agreement.
(d) An agreement or a decision made under this section and
an action taken under the agreement by the parties to the agreement
are not subject to an approval or an appeal brought under Section
26.177, Water Code.
Added by Acts 1989, 71st Leg., ch. 822, § 5, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 891, § 1, eff. June 8, 1991.
§ 42.047. CREATION OF A POLITICAL SUBDIVISION IN AN AREA
PROPOSED FOR A PLANNED UNIT DEVELOPMENT DISTRICT. If the governing
body of a municipality that has disannexed territory previously
annexed for limited purposes refuses to designate a planned unit
development district under Section 42.046 no later than 180 days
after the date a request for the designation is filed with the
municipality by the owner of the land to be included in the planned
unit development district, the municipality shall be considered to
have given the consent required by Section 42.041 to the
incorporation of a proposed municipality including within its
boundaries all or some of such land. If consent to incorporation is
granted by this subsection, the consenting municipality waives all
rights to challenge the proposed incorporation in any court.
Added by Acts 1989, 71st Leg., ch. 822, § 5, eff. Sept. 1, 1989.
§ 42.049. AUTHORITY OF WELLS BRANCH MUNICIPAL UTILITY
DISTRICT. (a) Wells Branch Municipal Utility district is
authorized to contract with a municipality:
(1) to provide for payments to be made to the
municipality for purposes that the governing body of the district
determines will further regional cooperation between the district
and the municipality; and
(2) to provide other lawful terms and considerations
that the district and the municipality agree are reasonable and
appropriate.
(b) A contract entered into under this section may be for a
term that is mutually agreeable to the parties. The parties to such
a contract may renew or extend the contract.
(c) A municipality may contract with the district to
accomplish the purposes set forth in Subsection (a) of this
section. In a contract entered into under this section, a
municipality may agree that the district will remain in existence
and be exempt from annexation by the municipality for the term of
the contract.
(d) A contract entered into under this section will be
binding on all subsequent governing bodies of the district and of
the municipality for the term of the contract.
(e) The district may make annual appropriations from its
operations and maintenance tax or other revenues lawfully available
to the district to make payments to a municipality under a contract
entered into under this section.
Added by Acts 1999, 76th Leg., ch. 926, § 4, eff. June 18, 1999.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
§ 42.901. APPORTIONMENT OF EXTRATERRITORIAL
JURISDICTIONS THAT OVERLAPPED ON AUGUST 23, 1963. (a) If, on
August 23, 1963, the extraterritorial jurisdiction of a
municipality overlapped the extraterritorial jurisdiction of one
or more other municipalities, the governing bodies of the affected
municipalities may apportion the overlapped area by a written
agreement approved by an ordinance or a resolution adopted by the
governing bodies.
(b) A municipality having a claim of extraterritorial
jurisdiction to the overlapping area may bring an action as
plaintiff in the district court of the judicial district in which
the largest municipality having a claim to the area is located. The
plaintiff municipality must name as a defendant each municipality
having a claim of extraterritorial jurisdiction to the area and
must request the court to apportion the area among the affected
municipalities. In apportioning the area, the court shall consider
population densities, patterns of growth, transportation,
topography, and land use in the municipalities and the overlapping
area. The area must be apportioned among the municipalities:
(1) so that each municipality's part is contiguous to
the extraterritorial jurisdiction of the municipality or, if the
extraterritorial jurisdiction of the municipality is totally
overlapped, is contiguous to the boundaries of the municipality;
(2) so that each municipality's part is in a
substantially compact shape; and
(3) in the same ratio, to one decimal, that the
respective populations of the municipalities bear to each other,
but with each municipality receiving at least one-tenth of the
area.
(c) An apportionment under this section must consider
existing property lines. A tract of land or adjoining tracts of
land that were under one ownership on August 23, 1963, and that do
not exceed 160 acres may not be apportioned so as to be in the
extraterritorial jurisdiction of more than one municipality unless
the landowner gives written consent to that apportionment.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 42.902. RESTRICTION AGAINST IMPOSING TAX IN
EXTRATERRITORIAL JURISDICTION. The inclusion of an area in the
extraterritorial jurisdiction of a municipality does not by itself
authorize the municipality to impose a tax in the area.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 42.903. EXTRATERRITORIAL JURISDICTION OF CERTAIN TYPE
B OR C GENERAL-LAW MUNICIPALITIES. (a) This section applies only
to a Type B or C general-law municipality:
(1) that has more than 200 inhabitants;
(2) that is wholly surrounded, at the time of
incorporation, by the extraterritorial jurisdiction of another
municipality; and
(3) part of which was located, at any time before
incorporation, in an area annexed for limited purposes by another
municipality.
(b) The governing body of the municipality by resolution or
ordinance may adopt an extraterritorial jurisdiction for all or
part of the unincorporated area contiguous to the corporate
boundaries of the municipality and located within one mile of those
boundaries. The authority granted by this section is subject to the
limitation provided by Section 26.178, Water Code.
(c) Within 90 days after the date the municipality adopts
the resolution or ordinance, an owner of real property in the
extraterritorial jurisdiction may petition the municipality to
release the owner's property from the extraterritorial
jurisdiction. On the presentation of the petition, the property:
(1) is automatically released from the
extraterritorial jurisdiction of the municipality and becomes part
of the extraterritorial jurisdiction or limited purpose area of the
municipality whose jurisdiction surrounded, on May 31, 1989, the
municipality from whose jurisdiction the property is released; and
(2) becomes subject to any existing zoning or other
land use approval provisions that applied to the property before
the property was included in the municipality's extraterritorial
jurisdiction under Subsection (b).
(d) The municipality may exercise in its extraterritorial
jurisdiction the powers granted under state law to other
municipalities in their extraterritorial jurisdiction, including
the power to ensure its water supply and to carry out other public
purposes.
(e) To the extent of any conflict, this section controls
over other laws relating to the creation of extraterritorial
jurisdiction.
Added by Acts 1991, 72nd Leg., ch. 16, § 13.01(a), eff. Aug. 26,
1991.
§ 42.904. EXTRATERRITORIAL JURISDICTION AND VOTING
RIGHTS IN CERTAIN MUNICIPALITIES. (a) This section applies only
to a municipality that has disannexed territory under Section
43.133 that it had previously annexed for limited purposes and that
has extended rules to its extraterritorial jurisdiction under
Section 212.003.
(b) The municipality shall allow all qualified voters
residing in the municipality's extraterritorial jurisdiction to
vote on any proposition that is submitted to the voters of the
municipality and that involves:
(1) an adoption of or change to an ordinance or charter
provision that would apply to the municipality's extraterritorial
jurisdiction; or
(2) a nonbinding referendum that, if binding, would
apply to the municipality's extraterritorial jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 172, § 1, eff. May 17, 1993.
