Tex. Local Gov't Code Section 42.0235
Limitation on Extraterritorial Jurisdiction of Certain Municipalities


(a)

Notwithstanding Section 42.021 (Extent of Extraterritorial Jurisdiction), and except as provided by Subsection (d), the extraterritorial jurisdiction of a municipality with a population of more than 175,000 located in a county that contains an international border and borders the Gulf of Mexico terminates two miles from the extraterritorial jurisdiction of a neighboring municipality if extension of the extraterritorial jurisdiction beyond that limit would:

(1)

completely surround the corporate boundaries or extraterritorial jurisdiction of the neighboring municipality; and

(2)

limit the growth of the neighboring municipality by precluding the expansion of the neighboring municipality’s extraterritorial jurisdiction.

(b)

A municipality shall release extraterritorial jurisdiction as necessary to comply with Subsection (a).

(c)

Notwithstanding any other law, a municipality that owns an electric system and that releases extraterritorial jurisdiction under Subsection (b) may provide electric service in the released area to the same extent that the service would have been provided if the municipality had annexed the area.

(d)

Extraterritorial jurisdiction for a municipality subject to this section is determined under Section 42.021 (Extent of Extraterritorial Jurisdiction) if the governing body of the municipality and the governing body of the neighboring municipality each adopt, on or after June 1, 2017, resolutions stating that the determination of extraterritorial jurisdiction under Section 42.0235 (Limitation on Extraterritorial Jurisdiction of Certain Municipalities)(a) is not in the best interest of the municipality.
Added by Acts 2015, 84th Leg., R.S., Ch. 941 (H.B. 4059), Sec. 2, eff. June 18, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 447 (S.B. 468), Sec. 1, eff. September 1, 2017.

Source: Section 42.0235 — Limitation on Extraterritorial Jurisdiction of Certain Municipalities, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­42.­htm#42.­0235 (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

Accessed:
Jun. 5, 2024

§ 42.0235’s source at texas​.gov