Tex. Local Gov't Code Section 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:

(1)

within five miles of those boundaries on a barrier island; or

(2)

within one-half mile of those boundaries off a barrier island.

(c)

Subsection (b) applies to a municipality that 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.

(d)

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 three miles of those boundaries if the municipality:

(1)

has a population of not less than 25,000 or more than 27,000; and

(2)

is located in a county that has a population of 45,000 or more and borders the Trinity River.

(e)

An annexation commenced after January 1, 2023, does not expand the extraterritorial jurisdiction of a municipality unless contemporaneously with the annexation the owner or owners of the area that would be included in the municipality’s extraterritorial jurisdiction as a result of the annexation request that the area be included in the municipality’s extraterritorial jurisdiction.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 761 (H.B. 3325), Sec. 1, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 215 (H.B. 91), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 612 (S.B. 508), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(33), eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 121, eff. September 1, 2023.

Source: Section 42.021 — Extent of Extraterritorial Jurisdiction, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­42.­htm#42.­021 (accessed Jun. 5, 2024).

42.001
Purpose of Extraterritorial Jurisdiction 42.021
Extent of Extraterritorial Jurisdiction 42.022
Expansion of Extraterritorial Jurisdiction 42.023
Reduction of Extraterritorial Jurisdiction 42.024
Transfer of Extraterritorial Jurisdiction Between Certain Municipalities 42.025
Release of Extraterritorial Jurisdiction by Certain Municipalities 42.026
Limitation on Extraterritorial Jurisdiction of Certain Municipalities 42.041
Municipal Incorporation in Extraterritorial Jurisdiction Generally 42.042
Creation of Political Subdivision to Supply Water or Sewer Services, Roadways, or Drainage Facilities in Extraterritorial Jurisdiction 42.043
Requirements Applying to Petition 42.044
Creation of Industrial District in Extraterritorial Jurisdiction 42.045
Creation of Political Subdivision in Industrial District 42.046
Designation of a Planned Unit Development District in Extraterritorial Jurisdiction 42.047
Creation of a Political Subdivision in an Area Proposed for a Planned Unit Development District 42.049
Authority of Wells Branch Municipal Utility District 42.101
Applicability 42.102
Authority to File Petition for Release 42.103
Applicability of Other Law 42.104
Petition Requirements 42.105
Results of Petition 42.151
Applicability 42.152
Authority to Request Election for Release 42.153
Election 42.154
Results of Election 42.155
Release of Area as Result of Election 42.156
Voluntary Release 42.0225
Extraterritorial Jurisdiction Around Certain Municipally Owned Property 42.0235
Limitation on Extraterritorial Jurisdiction of Certain Municipalities 42.0251
Release of Extraterritorial Jurisdiction by Certain General-law Municipalities 42.0411
Municipal Incorporation in Extraterritorial Jurisdiction of Certain Municipalities 42.0425
Addition of Land in Extraterritorial Jurisdiction of Municipality to Certain Political Subdivisions 42.902
Restriction Against Imposing Tax in Extraterritorial Jurisdiction 42.903
Extraterritorial Jurisdiction of Certain Type B or C General-law Municipalities 42.904
Extraterritorial Jurisdiction and Voting Rights in Certain Municipalities 42.9025
Restriction on Imposing Fine or Fee in Certain Areas in Extraterritorial Jurisdiction
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 42.021’s source at texas​.gov