2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 42. EXTRATERRITORIAL JURISDICTION OF MUNICIPALITIES
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
SUBTITLE C. MUNICIPAL BOUNDARIES AND ANNEXATION
CHAPTER 42. EXTRATERRITORIAL JURISDICTION OF MUNICIPALITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. DETERMINATION OF EXTRATERRITORIAL JURISDICTION
Sec. 42.021. EXTENT OF EXTRATERRITORIAL JURISDICTION. (a) 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.
(b) Regardless of Subsection (a), the extraterritorial
jurisdiction of a municipality is the unincorporated area that is
contiguous to the corporate boundaries of the municipality and
that is located within five miles of those boundaries on the
barrier island if the municipality has:
(1) a population of 2,000 or more; and
(2) territory located:
(A) entirely on a barrier island in the Gulf of Mexico; and
(B) within 30 miles of an international border.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
761, Sec. 1, eff. June 15, 2007.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1,
1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Aug. 28,
1995.
Sec. 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, Sec. 1, eff. June 16,
1995. Renumbered from Local Government Code Sec. 42.024 by Acts
1997, 75th Leg., ch. 165, Sec. 31.01(64), eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Aug. 30,
1999.
SUBCHAPTER C. CREATION OR EXPANSION OF GOVERNMENTAL ENTITIES IN
EXTRATERRITORIAL JURISDICTION
Sec. 42.041. MUNICIPAL INCORPORATION IN EXTRATERRITORIAL
JURISDICTION GENERALLY. (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, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
287, Sec. 1, eff. June 16, 2005.
For expiration of Subsections (c) and (d), see Subsections (c)
and (d).
Sec. 42.0411. MUNICIPAL INCORPORATION IN EXTRATERRITORIAL
JURISDICTION OF CERTAIN MUNICIPALITIES. (a) This section
applies only to:
(1) an area located north and east of Interstate Highway 10 that
is included in the extraterritorial jurisdiction, or the
limited-purpose annexation area, of a municipality with a
population of one million or more that has operated under a
three-year annexation plan similar to the municipal annexation
plan described by Section 43.052 for at least 10 years; or
(2) an area located north and east of Interstate Highway 10:
(A) that is included in the extraterritorial jurisdiction, or
the limited-purpose annexation area, of a municipality with a
population of one million or more that has operated under a
three-year annexation plan similar to the municipal annexation
plan described by Section 43.052 for at least 10 years;
(B) that has not been included in the municipality's annexation
plan described by Section 43.052 before the 180th day before the
date consent for incorporation is requested under Section
42.041(a); and
(C) for which the municipality refused to give its consent to
incorporation under Section 42.041(a).
(b) The residents of the area described by Subsection (a)(2) may
initiate an attempt to incorporate as a municipality by filing a
written petition signed by at least 10 percent of the registered
voters of the area of the proposed municipality with the county
judge of the county in which the proposed municipality is
located. The petition must request the county judge to order an
election to determine whether the area of the proposed
municipality will incorporate. An incorporation election under
this section shall be conducted in the same manner as an
incorporation election under Subchapter A, Chapter 8. The
consent of the municipality that previously refused to give
consent is not required for the incorporation.
(c) In this subsection, "deferred annexation area" means an area
that has entered into an agreement with a municipality under
which the municipality defers annexation of the area for at least
10 years. An area described by Subsection (a)(1) that is located
within 1-1/2 miles of a municipality's deferred annexation area
or adjacent to the corporate boundaries of the municipality may
not be annexed for limited or full purposes during the period
provided under the agreement. During the period provided under
the agreement, the residents of the area may incorporate in
accordance with the incorporation proceedings provided by law,
except that the consent of the municipality is not required for
the incorporation. This subsection expires on the later of:
(1) September 1, 2009; or
(2) the date that all areas entitled to incorporate under this
subsection have incorporated.
(d) This subsection applies only to an area that is described by
Subsection (a)(1) and removed from a municipality's annexation
plan under Section 43.052(e) two times or more. The residents of
the area and any adjacent territory that is located within the
extraterritorial jurisdiction of the municipality or located
within an area annexed for limited purposes by the municipality
and that is adjacent to the corporate boundaries of the
municipality may incorporate in accordance with the incorporation
proceedings provided by law, except that the consent of the
municipality is not required for the incorporation. This
subsection expires on the later of:
(1) September 1, 2009; or
(2) the date that all areas entitled to incorporate under this
subsection have incorporated.
Added by Acts 2005, 79th Leg., Ch.
287, Sec. 2, eff. June 16, 2005.
Sec. 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 Sections 54.016(e) and
(i), 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, Sec. 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, Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 3(b), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 1058, Sec. 1, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 76, Sec. 11.254, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1098, Sec. 1, eff. June 15, 2007.
Sec. 42.0425. ADDITION OF LAND IN EXTRATERRITORIAL JURISDICTION
OF MUNICIPALITY TO CERTAIN POLITICAL SUBDIVISIONS. (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 add land that is located
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 section and the
Water Code. In giving its consent, the municipality may not
place any conditions or other restrictions on the expansion of
the political subdivision other than those expressly permitted by
Section 54.016(e), Water Code.
(b) The procedures under Section 42.042 governing a
municipality's refusal to consent to the creation of a political
subdivision apply to a municipality that refuses to consent to
the addition of land to a political subdivision under this
section.
(c) An owner of land in the area proposed to be added to the
political subdivision may not unreasonably refuse to enter into a
contract for water or sanitary sewer services with the
municipality under Section 42.042(c).
(d) This section does not apply to a political subdivision
created by Chapter 289, Acts of the 73rd Legislature, Regular
Session, 1993.
Added by Acts 2007, 80th Leg., R.S., Ch.
703, Sec. 2, eff. June 15, 2007.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 975, Sec. 1, eff. Aug. 30,
1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 5, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 891, Sec. 1, eff. June
8, 1991.
Sec. 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, Sec. 5, eff. Sept. 1,
1989.
Sec. 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, Sec. 4, eff. June 18,
1999.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 13.01(a), eff. Aug.
26, 1991.
Sec. 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, Sec. 1, eff. May 17,
1993.
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