reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 42.026 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter B. Determination of Extraterritorial Jurisdiction|Section 42.026. Limitation on Extraterritorial Jurisdiction of Certain Municipalities

Sec. 42.026.  LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES.  (a)  In this section, "navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code.(b)  This section applies only to an area that is:(1)  located in the extraterritorial jurisdiction of a home-rule municipality that has a population of 60,000 or less and is located in whole or in part in a county with a population of 240,000 or less;(2)  located outside the county in which a majority of the land area of the municipality is located;  and(3)  separated from the municipality's corporate boundaries by a navigable stream.(c)  A municipality that, on August 31, 1999, includes that area in its extraterritorial jurisdiction shall, before January 1, 2000:(1)  adopt an ordinance removing that area from the municipality's extraterritorial jurisdiction;  or(2)  enter into an agreement with a municipality located in the county in which that area is located to transfer that area to the extraterritorial jurisdiction of that municipality.(d)  If the municipality that is required to act under Subsection (c) does not do so as provided by that subsection, the area is automatically removed from the extraterritorial jurisdiction of that municipality on January 1, 2000.(e)  Section 42.021 does not apply to a transfer of extraterritorial jurisdiction under Subsection (c)(2).|Added by Acts 1999, 76th Leg., ch. 1494, Sec. 1, eff. Aug. 30, 1999.|
TX Loc Govt Code § 42.041 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter C. Creation or Expansion of Governmental Entities in Extraterritorial Jurisdiction|Section 42.041. Municipal Incorporation in Extraterritorial Jurisdiction Generally

Sec. 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.|For expiration of Subsections (c) and (d), see Subsections (c) and  (d).
TX Loc Govt Code § 42.0425 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter C. Creation or Expansion of Governmental Entities in Extraterritorial Jurisdiction|Section 42.0425. Addition of Land in Extraterritorial Jurisdiction of Municipality to Certain Political Subdivisions

Sec. 42.0425.  ADDITION OF LAND IN EXTRATERRITORIAL JURISDICTION OF MUNICIPALITY TO CERTAIN POLITICAL SUBDIVISIONS.  (a)  A political subdivision, one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services, roadways, or drainage, may not add land that is located in the extraterritorial jurisdiction of a municipality unless the governing body of the municipality gives its written consent by ordinance or resolution in accordance with this section and the Water Code.  In giving its consent, the municipality may not place any conditions or other restrictions on the expansion of the political subdivision other than those expressly permitted by Section 54.016(e), Water Code.(b)  The procedures under Section 42.042 governing a municipality's refusal to consent to the creation of a political subdivision apply to a municipality that refuses to consent to the addition of land to a political subdivision under this section.(c)  An owner of land in the area proposed to be added to the political subdivision may not unreasonably refuse to enter into a contract for water or sanitary sewer services with the municipality under Section 42.042(c).(d)  This section does not apply to a political subdivision created by Chapter 289, Acts of the 73rd Legislature, Regular Session, 1993.|Added by Acts 2007, 80th Leg., R.S., Ch. 703 (H.B. 2091), Sec. 2, eff. June 15, 2007.|
TX Loc Govt Code § 42.043 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter C. Creation or Expansion of Governmental Entities in Extraterritorial Jurisdiction|Section 42.043. Requirements Applying to Petition

Sec. 42.043.  REQUIREMENTS APPLYING TO PETITION.  (a)  A petition under Section 42.041 or 42.042 must:(1)  be written;(2)  request that the area be annexed or that the services be made available, as appropriate;(3)  be signed in ink or indelible pencil by the appropriate voters and landowners;(4)  be signed, in the case of a person signing as a voter, as the person's name appears on the most recent official list of registered voters;(5)  contain, in the case of a person signing as a voter, a note made by the person stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate;(6)  contain, in the case of a person signing as a landowner, a note made by the person opposite the person's name stating the approximate total acreage that the person owns in the area to be annexed or serviced;(7)  describe the area to be annexed or serviced and have a plat of the area attached;  and(8)  be presented to the secretary or clerk of the municipality.(b)  The signatures to the petition need not be appended to one paper.(c)  Before the petition is circulated among the voters and landowners, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the area to be annexed or serviced and by publishing the notice once, in a newspaper of general circulation serving the area, before the 15th day before the date the petition is first circulated.  Proof of posting and publication must be made by attaching to the petition presented to the secretary or clerk:(1)  the affidavit of any voter who signed the petition, stating the places and dates of the posting;(2)  the affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication;  and(3)  the affidavit of at least three voters who signed the petition, if there are that many, stating the total number of voters residing in the area and the approximate total acreage in the area.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 42.044 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter C. Creation or Expansion of Governmental Entities in Extraterritorial Jurisdiction|Section 42.044. Creation of Industrial District in Extraterritorial Jurisdiction

Sec. 42.044.  CREATION OF INDUSTRIAL DISTRICT IN EXTRATERRITORIAL JURISDICTION.  (a)  In this section, "industrial district" has the meaning customarily given to the term but also includes any area in which tourist-related businesses and facilities are located.(b)  The governing body of a municipality may designate any part of its extraterritorial jurisdiction as an industrial district and may treat the designated area in a manner considered by the governing body to be in the best interests of the municipality.(c)  The governing body may make written contracts with owners of land in the industrial district:(1)  to guarantee the continuation of the extraterritorial status of the district and its immunity from annexation by the municipality for a period not to exceed 15 years;  and(2)  with other lawful terms and considerations that the parties agree to be reasonable, appropriate, and not unduly restrictive of business activities.(d)  The parties to a contract may renew or extend it for successive periods not to exceed 15 years each.  In the event any owner of land in an industrial district is offered an opportunity to renew or extend a contract, then all owners of land in that industrial district must be offered an opportunity to renew or extend a contract subject to the provisions of Subsection (c).(e)  A municipality may provide for adequate fire-fighting services in the industrial district by:(1)  directly furnishing fire-fighting services that are to be paid for by the property owners of the district;(2)  contracting for fire-fighting services, whether or not all or a part of the services are to be paid for by the property owners of the district;  or(3)  contracting with the property owners of the district to have them provide for their own fire-fighting services.(f)  A property owner who provides for his own fire-fighting services under this section may not be required to pay any part of the cost of the fire-fighting services provided by the municipality to other property owners in the district.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 975, Sec. 1, eff. Aug. 30, 1993.|
TX Loc Govt Code § 42.045 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter C. Creation or Expansion of Governmental Entities in Extraterritorial Jurisdiction|Section 42.045. Creation of Political Subdivision in Industrial District

Sec. 42.045.  CREATION OF POLITICAL SUBDIVISION IN INDUSTRIAL DISTRICT.  (a)  A political subdivision, one purpose of which is to provide services of a governmental or proprietary nature, may not be created in an industrial district designated under Section 42.044 by a municipality unless the municipality gives its written consent by ordinance or resolution.  The municipality shall give or deny consent within 60 days after the date the municipality receives a written request for consent.  Failure to give or deny consent in the allotted period constitutes the municipality's consent to the initiation of the creation proceedings.(b)  If the consent is obtained, the creation proceedings 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 for the proceedings.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 42.047 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter C. Creation or Expansion of Governmental Entities in Extraterritorial Jurisdiction|Section 42.047. Creation of a Political Subdivision in an Area Proposed for a Planned Unit Development District

Sec. 42.047.  CREATION OF A POLITICAL SUBDIVISION IN AN AREA PROPOSED FOR A PLANNED UNIT DEVELOPMENT DISTRICT.  If the governing body of a municipality that has disannexed territory previously annexed for limited purposes refuses to designate a planned unit development district under Section 42.046 no later than 180 days after the date a request for the designation is filed with the municipality by the owner of the land to be included in the planned unit development district, the municipality shall be considered to have given the consent required by Section 42.041 to the incorporation of a proposed municipality including within its boundaries all or some of such land.  If consent to incorporation is granted by this subsection, the consenting municipality waives all rights to challenge the proposed incorporation in any court.|Added by Acts 1989, 71st Leg., ch. 822, Sec. 5, eff. Sept. 1, 1989.|
TX Loc Govt Code § 42.049 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter C. Creation or Expansion of Governmental Entities in Extraterritorial Jurisdiction|Section 42.049. Authority of Wells Branch Municipal Utility District

Sec. 42.049.  AUTHORITY OF WELLS BRANCH MUNICIPAL UTILITY DISTRICT.  (a)  Wells Branch Municipal Utility district is authorized to contract with a municipality:(1)  to provide for payments to be made to the municipality for purposes that the governing body of the district determines will further regional cooperation between the district and the municipality;  and(2)  to provide other lawful terms and considerations that the district and the municipality agree are reasonable and appropriate.(b)  A contract entered into under this section may be for a term that is mutually agreeable to the parties.  The parties to such a contract may renew or extend the contract.(c)  A municipality may contract with the district to accomplish the purposes set forth in Subsection (a) of this section.  In a contract entered into under this section, a municipality may agree that the district will remain in existence and be exempt from annexation by the municipality for the term of the contract.(d)  A contract entered into under this section will be binding on all subsequent governing bodies of the district and of the municipality for the term of the contract.(e)  The district may make annual appropriations from its operations and maintenance tax or other revenues lawfully available to the district to make payments to a municipality under a contract entered into under this section.|Added by Acts 1999, 76th Leg., ch. 926, Sec. 4, eff. June 18, 1999.|
TX Loc Govt Code § 42.901 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter Z. Miscellaneous Provisions|Section 42.901. Apportionment of Extraterritorial Jurisdictions That Overlapped on August 23, 1963

Sec. 42.901.  APPORTIONMENT OF EXTRATERRITORIAL JURISDICTIONS THAT OVERLAPPED ON AUGUST 23, 1963.  (a)  If, on August 23, 1963, the extraterritorial jurisdiction of a municipality overlapped the extraterritorial jurisdiction of one or more other municipalities, the governing bodies of the affected municipalities may apportion the overlapped area by a written agreement approved by an ordinance or a resolution adopted by the governing bodies.(b)  A municipality having a claim of extraterritorial jurisdiction to the overlapping area may bring an action as plaintiff in the district court of the judicial district in which the largest municipality having a claim to the area is located.  The plaintiff municipality must name as a defendant each municipality having a claim of extraterritorial jurisdiction to the area and must request the court to apportion the area among the affected municipalities.  In apportioning the area, the court shall consider population densities, patterns of growth, transportation, topography, and land use in the municipalities and the overlapping area.  The area must be apportioned among the municipalities:(1)  so that each municipality's part is contiguous to the extraterritorial jurisdiction of the municipality or, if the extraterritorial jurisdiction of the municipality is totally overlapped, is contiguous to the boundaries of the municipality;(2)  so that each municipality's part is in a substantially compact shape;  and(3)  in the same ratio, to one decimal, that the respective populations of the municipalities bear to each other, but with each municipality receiving at least one-tenth of the area.(c)  An apportionment under this section must consider existing property lines.  A tract of land or adjoining tracts of land that were under one ownership on August 23, 1963, and that do not exceed 160 acres may not be apportioned so as to be in the extraterritorial jurisdiction of more than one municipality unless the landowner gives written consent to that apportionment.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 42.902 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter Z. Miscellaneous Provisions|Section 42.902. Restriction Against Imposing Tax in Extraterritorial Jurisdiction

Sec. 42.902.  RESTRICTION AGAINST IMPOSING TAX IN EXTRATERRITORIAL JURISDICTION.  The inclusion of an area in the extraterritorial jurisdiction of a municipality does not by itself authorize the municipality to impose a tax in the area.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 42.9025 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter Z. Miscellaneous Provisions|Section 42.9025. Restriction on Imposing Fine or Fee in Certain Areas in Extraterritorial Jurisdiction

Sec. 42.9025.  RESTRICTION ON IMPOSING FINE OR FEE IN CERTAIN AREAS IN EXTRATERRITORIAL JURISDICTION.  (a)  This section applies only to an area that is located in a municipality's extraterritorial jurisdiction and:(1)  that has been disannexed from the municipality under Subchapter G, Chapter 43; or(2)  for which the municipality has attempted and failed to obtain consent for annexation under Subchapter C-4 or C-5, Chapter 43.(b)  Notwithstanding any other law, a municipality may not impose under a municipal ordinance a fine or fee on a person on the basis of:(1)  an activity that occurs wholly in an area described by Subsection (a); or(2)  the management or ownership of property located wholly in an area described by Subsection (a).(c)  This section does not limit a municipality, including a municipally owned retail water, wastewater, or drainage utility, from imposing in an area described by Subsection (a) a fine or fee, including through the adoption and enforcement of rates, for water, sewer, drainage, or other related utility services.(d)  This section does not apply to development or redevelopment in an area in which an election was held under Section 43.0117.|Added by Acts 2021, 87th Leg., R.S., Ch. 386 (S.B. 1168), Sec. 1, eff. June 7, 2021.|
TX Loc Govt Code § 42.903 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter Z. Miscellaneous Provisions|Section 42.903. Extraterritorial Jurisdiction of Certain Type B or C General-Law Municipalities

Sec. 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, 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.|
TX Loc Govt Code § 42.904 (2021)
2021 Texas Statutes|Local Government Code|Title 2 - Organization of Municipal Government|Subtitle C - Municipal Boundaries and Annexation|Chapter 42 - Extraterritorial Jurisdiction of Municipalities|Subchapter Z. Miscellaneous Provisions|Section 42.904. Extraterritorial Jurisdiction and Voting Rights in Certain Municipalities

Sec. 42.904.  EXTRATERRITORIAL JURISDICTION AND VOTING RIGHTS IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to a municipality that has disannexed territory under Section 43.133 that it had previously annexed for limited purposes and that has extended rules to its extraterritorial jurisdiction under Section 212.003.(b)  The municipality shall allow all qualified voters residing in the municipality's extraterritorial jurisdiction to vote on any proposition that is submitted to the voters of the municipality and that involves:(1)  an adoption of or change to an ordinance or charter provision that would apply to the municipality's extraterritorial jurisdiction;  or(2)  a nonbinding referendum that, if binding, would apply to the municipality's extraterritorial jurisdiction.|Added by Acts 1993, 73rd Leg., ch. 172, Sec. 1, eff. May 17, 1993.|