Tex. Local Gov't Code Section 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 (Financial Assistance Dependent on Water Quality Programs), 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.

Source: Section 42.903 — Extraterritorial Jurisdiction of Certain Type B or C General-law Municipalities, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­42.­htm#42.­903 (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

§ 42.903’s source at texas​.gov