Tex. Local Gov't Code Section 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 (H.B. 585), Sec. 1, eff. June 16, 2005.

Source: Section 42.041 — Municipal Incorporation in Extraterritorial Jurisdiction Generally, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­42.­htm#42.­041 (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
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Accessed:
Jun. 5, 2024

§ 42.041’s source at texas​.gov