Tex. Local Gov't Code Section 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 Pollution Control Duties of Cities), 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.

Source: Section 42.046 — Designation of a Planned Unit Development District in Extraterritorial Jurisdiction, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­42.­htm#42.­046 (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

§ 42.046’s source at texas​.gov