reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter B. City Manager › Section 25.028. Term of Office

Sec. 25.028.  TERM OF OFFICE.  The city manager is appointed by and serves at the will of the governing body of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter B. City Manager › Section 25.029. Powers and Duties of City Manager; Bond

Sec. 25.029.  POWERS AND DUTIES OF CITY MANAGER;  BOND.  (a)  The city manager shall administer the municipal business and the governing body of the municipality shall ensure that the administration is efficient.
(b)  The governing body by ordinance may delegate to the city manager any additional powers or duties the governing body considers proper for the efficient administration of municipal affairs.
(c)  The city manager must execute a bond.  The bond must be conditioned that the manager will faithfully perform the duties of manager and must be in an amount prescribed by ordinance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter C. Other Municipal Officers › Section 25.051. Other Municipal Officers

Sec. 25.051.  OTHER MUNICIPAL OFFICERS.  (a)  After a municipality adopts the city manager form of government under this chapter, all municipal officers, except members of the governing body of the municipality, shall be appointed as provided by ordinance.  However, an elected officer serving at the time of the adoption of the city manager form of government may continue to serve until the expiration of the officer's term.
(b)  This chapter does not limit the authority of the governing body of a general-law municipality to appoint and prescribe the powers and duties of a municipal officer or employee under Chapter 22, 23, or 24.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 1185, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1206, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter D. Abandoning City Manager Form of Government › Section 25.071. Abandoning City Manager Form of Government

Sec. 25.071.  ABANDONING CITY MANAGER FORM OF GOVERNMENT.  (a)  A municipality may abandon the city manager form of government at any time as provided by this section.
(b)  A petition requesting the mayor of the municipality to order a special election to abandon the city manager form of government must be filed with the clerk of the municipality and signed by a number of qualified voters equal to at least 20 percent of the total number of qualified voters who voted for mayor at the most recent municipal election at which the office of mayor was to be filled.
(c)  Within 10 days after the date a petition is filed under Subsection (b), the mayor shall issue a proclamation ordering the special election.  The proclamation must state that the election is ordered to determine whether the municipality will abandon the city manager form of government and notice of the election must be as for an election to consider the adoption of the city manager form of government.
(d)  The election must be held on the first authorized uniform election date prescribed by the Election Code that occurs after the date the petition is filed under Subsection (b) and that affords enough time to hold the election in the manner required by law.
(e)  The ballots at the election shall be printed to provide for voting for or against the proposition:  Abandoning the city manager form of government in the municipality of ____________________ (name of the municipality).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 25 - City Manager Form of Government in General-Law Municipality › Subchapter D. Abandoning City Manager Form of Government › Section 25.072. Duties of Governing Body if City Manager Form Is Abandoned

Sec. 25.072.  DUTIES OF GOVERNING BODY IF CITY MANAGER FORM IS ABANDONED.  (a)  If a majority of votes cast at an election under this subchapter are for abandoning the city manager form of government, the governing body of the municipality shall discharge the city manager within 60 days after the election day.
(b)  When the city manager is discharged, the governing body shall assume the powers and duties given to the governing body by law as if the city manager form of government had never been adopted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 26 - Form of Government in Home-Rule Municipality › Subchapter A. General Provisions › Section 26.001. Chapter Applicable to Home-Rule Municipality

Sec. 26.001.  CHAPTER APPLICABLE TO HOME-RULE MUNICIPALITY.  This chapter applies only to a home-rule municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 26 - Form of Government in Home-Rule Municipality › Subchapter B. Form of Government › Section 26.021. Form of Government

Sec. 26.021.  FORM OF GOVERNMENT.  The municipality may adopt and operate under any form of government, including the aldermanic or commission form.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 26 - Form of Government in Home-Rule Municipality › Subchapter C. Municipal Officers › Section 26.041. Creation of Municipal Offices

Sec. 26.041.  CREATION OF MUNICIPAL OFFICES.  The municipality may:
(1)  create offices;
(2)  determine the method for selecting officers;  and
(3)  prescribe the qualifications, duties, and tenure of office for officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 26 - Form of Government in Home-Rule Municipality › Subchapter C. Municipal Officers › Section 26.042. Date for Election of Officers

Sec. 26.042.  DATE FOR ELECTION OF OFFICERS.  The governing body of the municipality may set the date of election for municipal officers in accordance with applicable provisions of the Election Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 26 - Form of Government in Home-Rule Municipality › Subchapter C. Municipal Officers › Section 26.043. Filling Vacancy in Elective Office in Municipality With Population of 384,000 or More

Sec. 26.043.  FILLING VACANCY IN ELECTIVE OFFICE IN MUNICIPALITY WITH POPULATION OF 384,000 OR MORE.  (a)  If a vacancy occurs in an elective office of a municipality with a population of 384,000 or more and if the charter of the municipality does not provide for the filling of the vacancy, the governing body of the municipality, by majority vote, shall appoint an individual to fill the vacated office for the unexpired term.  Pending that appointment, the governing body may appoint a person on a temporary basis to serve for a period not to exceed 60 days.
(b)  A person appointed under Subsection (a) must possess the qualifications required of the elected official.
(c)  If the municipality holds an election to vote on proposed amendments to its charter, it shall at that time submit a proposed charter amendment to provide a method for filling vacancies in elective offices.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 26 - Form of Government in Home-Rule Municipality › Subchapter C. Municipal Officers › Section 26.045. Filling Vacancy on Governing Body of Municipality With Population of 1

Sec. 26.045.  FILLING VACANCY ON GOVERNING BODY OF MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE.  (a)  Except as provided by Subsection (b), if a vacancy occurs on the governing body of a municipality with a population of 1.5 million or more and more than 270 days remain before the date of the next general election of members of the governing body, the governing body shall order a special election in the district in which the vacancy occurred, or in the entire municipality if the vacancy occurred in an at-large position, to fill the vacancy.  The special election shall be held on an authorized uniform election date prescribed by the Election Code that occurs before the general election and that allows enough time to hold the election in the manner required by law and shall be conducted in the same manner as the municipality's general election except as provided by provisions of the Election Code applicable to special elections to fill vacancies.
(b)  This section does not apply to a municipality that has provided by charter or charter amendment a different procedure to fill a vacancy on its governing body for which the unexpired term is 12 months or less.
Added by Acts 1993, 73rd Leg., ch. 919, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1394 (H.B. 1372), Sec. 1, eff. November 5, 2013.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 26 - Form of Government in Home-Rule Municipality › Subchapter C. Municipal Officers › Section 26.046. Size of Governing Body: Certain Municipalities

Sec. 26.046.  SIZE OF GOVERNING BODY:  CERTAIN MUNICIPALITIES.  (a)  This section applies only to a municipality with a population of 1.1 million or more that elects each member of its governing body other than the mayor from fewer than 14 single-member districts.
(b)  Notwithstanding a charter provision to the contrary, the municipality may provide by ordinance for the number of districts used to elect members to the municipality's governing body.  The ordinance may not provide for more than 14 districts.
(c)  This section does not affect a mayor who, under a charter provision, is elected in a municipality at large.
Added by Acts 2001, 77th Leg., ch. 1179, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle B - Municipal Form of Government › Chapter 26 - Form of Government in Home-Rule Municipality › Subchapter C. Municipal Officers › Section 26.047. Filling Vacancy in Office of Mayor

Sec. 26.047.  FILLING VACANCY IN OFFICE OF MAYOR.  Unless otherwise provided by the charter of the municipality or this chapter, a person serving as a member of the governing body of the municipality is not, because of that service, ineligible to be appointed to fill a vacancy in the office of mayor of the municipality, but the person may not vote on the person's own appointment.
Added by Acts 2007, 80th Leg., R.S., Ch. 513 (S.B. 653), Sec. 4, eff. June 16, 2007.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 41 - Municipal Boundaries › Section 41.001. Map of Municipal Boundaries and Extraterritorial Jurisdiction

Sec. 41.001.  MAP OF MUNICIPAL BOUNDARIES AND EXTRATERRITORIAL JURISDICTION.  (a)  Each municipality shall prepare a map that shows the boundaries of the municipality and of its extraterritorial jurisdiction.  The municipality shall maintain a copy of the map in a location that is easily accessible to the public, including:
(1)  in the office of the secretary or clerk of the municipality;
(2)  if the municipality has a municipal engineer, in the office of the engineer; and
(3)  if the municipality maintains an Internet website, on the municipality's website.
(a-1)  A municipality shall make a copy of a map required under Subsection (a) available without charge.
(b)  If the municipality annexes territory, the map shall be immediately corrected to include the annexed territory.  The map shall be annotated to indicate:
(1)  the date of annexation;
(2)  the number of the annexation ordinance, if any;  and
(3)  a reference to the minutes or municipal ordinance records in which the ordinance is recorded in full.
(c)  If the municipality's extraterritorial jurisdiction is expanded or reduced, the map shall be immediately corrected to indicate the change in the municipality's extraterritorial jurisdiction.  The map shall be annotated to indicate:
(1)  the date the municipality's extraterritorial jurisdiction was changed;
(2)  the number of the ordinance or resolution, if any, by which the change was made;  and
(3)  a reference to the minutes or municipal ordinance or resolution records in which the ordinance or resolution is recorded in full.
(d)  In addition to the requirements of this section, a home-rule municipality shall create, or contract for the creation of, and make publicly available a digital map that complies with this section.  A digital map required under this subsection must be made available without charge and in a format widely used by common geographic information system software.  If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website.
(e)  A home-rule municipality that does not have common geographic information system software shall make the digital map available in any other widely used electronic format in accordance with Subsection (d).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 970, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1217 (S.B. 1303), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 41 - Municipal Boundaries › Section 41.0015. Notice of Municipal Boundary Change

Sec. 41.0015.  NOTICE OF MUNICIPAL BOUNDARY CHANGE.  (a)  If an area is annexed to or disannexed from a municipality, the mayor or other presiding officer of the governing body of the municipality shall, within 30 days after the date of preclearance under Section 5, Federal Voting Rights Act (42 U.S.C. Sec. 1973c), of the annexation or disannexation, send to the county clerk of each county in which the municipality is located a certified copy of documents showing the change in boundaries.
(b)  The county shall promptly correct to reflect the change in municipal boundaries any official county map kept by the county that would be affected by the change.
Added by Acts 1989, 71st Leg., ch. 1160, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 41 - Municipal Boundaries › Section 41.002. Boundary Survey in General-Law Municipalities

Sec. 41.002.  BOUNDARY SURVEY IN GENERAL-LAW MUNICIPALITIES.  (a)  Immediately after the members of the governing body of a newly incorporated general-law municipality qualify for office, the governing body shall adopt an ordinance requiring a survey of the boundaries of the municipality to be made.
(b)  The survey must be based on the boundaries designated in the petition for incorporation.  The field notes of the survey must be recorded in the minutes of the municipality and in the deed records of the county in which the municipality is located.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 41 - Municipal Boundaries › Section 41.003. Inclusion of Area Receiving Longstanding Treatment as Part of Municipality

Sec. 41.003.  INCLUSION OF AREA RECEIVING LONGSTANDING TREATMENT AS PART OF MUNICIPALITY.  (a)  The governing body of a municipality may adopt an ordinance to declare an area that is adjacent to the municipality and that meets the requirements of Subsection (b) to be a part of the municipality.  The adoption of the ordinance creates an irrebuttable presumption that the area is a part of the municipality for all purposes.  The presumption may not be contested for any cause after the effective date of the ordinance.
(b)  An area qualifies for inclusion in a municipality under this section only if, on the date of the adoption of the ordinance:
(1)  the records of the municipality indicate that the area has been a part of the municipality for at least the preceding 20 years;
(2)  the municipality has provided municipal services, including police protection, to the area and has otherwise treated the area as a part of the municipality during the preceding 20 years;
(3)  there has not been a final judicial determination during the preceding 20 years that the area is outside the boundaries of the municipality;  and
(4)  there is no pending lawsuit that challenges the inclusion of the area as part of the municipality.
(c)  The date on which an area that is made a part of a municipality under this section is considered to be a part of the municipality is retroactive to the date on which the municipality began its continuous treatment of the area as part of the municipality.  That date shall be used for all relevant purposes, including a determination of whether territory allegedly annexed by the municipality was adjacent to the municipality at the time of the purported annexation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 41 - Municipal Boundaries › Section 41.004. Boundaries Not Affected by Change to Type a General-Law Municipality

Sec. 41.004.  BOUNDARIES NOT AFFECTED BY CHANGE TO TYPE A GENERAL-LAW MUNICIPALITY.  If a municipality changes to a Type A general-law municipality under Subchapter B of Chapter 6, the boundaries of the municipality remain the same as they existed under the law governing the municipality before the change.  After the change, the boundaries are subject to the law governing Type A general-law municipalities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter A. General Provisions › Section 42.001. Purpose of Extraterritorial Jurisdiction

Sec. 42.001.  PURPOSE OF EXTRATERRITORIAL JURISDICTION.  The legislature declares it the policy of the state to designate certain areas as the extraterritorial jurisdiction of municipalities to promote and protect the general health, safety, and welfare of persons residing in and adjacent to the municipalities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 42.021. Extent of Extraterritorial Jurisdiction

Sec. 42.021.  EXTENT OF EXTRATERRITORIAL JURISDICTION.  (a)  The extraterritorial jurisdiction of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located:
(1)  within one-half mile of those boundaries, in the case of a municipality with fewer than 5,000 inhabitants;
(2)  within one mile of those boundaries, in the case of a municipality with 5,000 to 24,999 inhabitants;
(3)  within two miles of those boundaries, in the case of a municipality with 25,000 to 49,999 inhabitants;
(4)  within 3-1/2 miles of those boundaries, in the case of a municipality with 50,000 to 99,999 inhabitants; or
(5)  within five miles of those boundaries, in the case of a municipality with 100,000 or more inhabitants.
(b)  Regardless of Subsection (a), the extraterritorial jurisdiction of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located:
(1)  within five miles of those boundaries on a barrier island; or
(2)  within one-half mile of those boundaries off a barrier island.
(c)  Subsection (b) applies to a municipality that has:
(1)  a population of 2,000 or more; and
(2)  territory located:
(A)  entirely on a barrier island in the Gulf of Mexico; and
(B)  within 30 miles of an international border.
(d)  Regardless of Subsection (a), the extraterritorial jurisdiction of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located within three miles of those boundaries if the municipality:
(1)  has a population of not less than 25,000 or more than 27,000; and
(2)  is located in a county that has a population of 45,000 or more and borders the Trinity River.
(e)  An annexation commenced after January 1, 2023, does not expand the extraterritorial jurisdiction of a municipality unless contemporaneously with the annexation the owner or owners of the area that would be included in the municipality's extraterritorial jurisdiction as a result of the annexation request that the area be included in the municipality's extraterritorial jurisdiction.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 761 (H.B. 3325), Sec. 1, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 215 (H.B. 91), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 612 (S.B. 508), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(33), eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 121, eff. September 1, 2023.
2023 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 42.022. Expansion of Extraterritorial Jurisdiction

Sec. 42.022.  EXPANSION OF EXTRATERRITORIAL JURISDICTION.  (a)  When a municipality annexes an area, the extraterritorial jurisdiction of the municipality expands with the annexation to comprise, consistent with Section 42.021, the area around the new municipal boundaries.
(b)  The extraterritorial jurisdiction of a municipality may expand beyond the distance limitations imposed by Section 42.021 to include an area contiguous to the otherwise existing extraterritorial jurisdiction of the municipality if the owners of the area request the expansion.
(c)  The expansion of the extraterritorial jurisdiction of a municipality through annexation, request, or increase in the number of inhabitants may not include any area in the existing extraterritorial jurisdiction of another municipality, except as provided by Subsection (d).
(d)  The extraterritorial jurisdiction of a municipality may be expanded through annexation to include area that on the date of annexation is located in the extraterritorial jurisdiction of another municipality if a written agreement between the municipalities in effect on the date of annexation allocates the area to the extraterritorial jurisdiction of the annexing municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 337 (H.B. 2902), Sec. 1, eff. June 17, 2011.
2023 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 42.0225. Extraterritorial Jurisdiction Around Certain Municipally Owned Property

Sec. 42.0225.  EXTRATERRITORIAL JURISDICTION AROUND CERTAIN MUNICIPALLY OWNED PROPERTY.  (a)  This section applies only to an area owned by a municipality that is:
(1)  annexed by the municipality;  and
(2)  not contiguous to other territory of the municipality.
(b)  Notwithstanding Section 42.021, the annexation of an area described by Subsection (a) does not expand the extraterritorial jurisdiction of the municipality.
Added by Acts 1999, 76th Leg., ch. 1167, Sec. 1, eff. Sept. 1, 1999.
2023 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 42.023. Reduction of Extraterritorial Jurisdiction

Sec. 42.023.  REDUCTION OF EXTRATERRITORIAL JURISDICTION.  The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resolution, except:
(1)  in cases of judicial apportionment of overlapping extraterritorial jurisdictions under Section 42.901;
(2)  in accordance with an agreement under Section 42.022(d); or
(3)  as necessary to comply with Section 42.0235.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 337 (H.B. 2902), Sec. 2, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 941 (H.B. 4059), Sec. 1, eff. June 18, 2015.
2023 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 42.0235. Limitation on Extraterritorial Jurisdiction of Certain Municipalities

Sec. 42.0235.  LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES.  (a)  Notwithstanding Section 42.021, 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 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(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.
2023 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 42.025. Release of Extraterritorial Jurisdiction by Certain Municipalities

Sec. 42.025.  RELEASE OF EXTRATERRITORIAL JURISDICTION BY CERTAIN MUNICIPALITIES.  (a)  In this section, "eligible property" means any portion of a contiguous tract of land:
(1)  that is located in the extraterritorial jurisdiction of a municipality within one-half mile of the territory of a proposed municipal airport;
(2)  for which a contract for land acquisition services was awarded by the municipality;  and
(3)  that has not been acquired through the contract described by Subdivision (2) for the proposed municipal airport.
(b)  The owner of eligible property may petition the municipality to release the property from the municipality's extraterritorial jurisdiction not later than June 1, 1996.  The petition must be filed with the secretary or clerk of the municipality.
(c)  Not later than the 10th day after the date the secretary or clerk receives a petition under Subsection (b), the municipality by resolution shall release the eligible property from the extraterritorial jurisdiction of the municipality.
(d)  Eligible property that is released from the extraterritorial jurisdiction of a municipality under Subsection (c) may be included in the extraterritorial jurisdiction of another municipality if:
(1)  any part of the other municipality is located in the same county as the property;  and
(2)  the other municipality and the owner agree to the inclusion of the property in the extraterritorial jurisdiction.
Added by Acts 1995, 74th Leg., ch. 788, Sec. 1, eff. June 16, 1995.  Renumbered from Local Government Code Sec. 42.024 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(64), eff. Sept. 1, 1997.
2023 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 42.0251. Release of Extraterritorial Jurisdiction by Certain General-Law Municipalities

Sec. 42.0251.  RELEASE OF EXTRATERRITORIAL JURISDICTION BY CERTAIN GENERAL-LAW MUNICIPALITIES.  (a)  This section applies only to a general-law municipality:
(1)  that has a population of less than 4,000;
(2)  that is located in a county with a population of more than 800,000 that is adjacent to a county with a population of more than four million; and
(3)  in which at least two-thirds of the residents reside within a gated community.
(b)  A municipality shall release an area from its extraterritorial jurisdiction not later than the 10th day after the date the municipality receives a petition requesting that the area be released that is signed by at least 80 percent of the owners of real property located in the area requesting release.
Added by Acts 2011, 82nd Leg., R.S., Ch. 337 (H.B. 2902), Sec. 3, eff. June 17, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 122, eff. September 1, 2023.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Local Government Code › Title 2 - Organization of Municipal Government › Subtitle C - Municipal Boundaries and Annexation › Chapter 42 - Extraterritorial Jurisdiction of Municipalities › Subchapter D. Release of Area by Petition of Landowner or Resident From Extraterritorial Jurisdiction › Section 42.101. Applicability

Sec. 42.101.  APPLICABILITY.  This subchapter does not apply to an area located:
(1)  within five miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted;
(2)  in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county:
(A)  in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020; and
(B)  that has a population greater than 240,000;
(3)  within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is:
(A)  within 15 miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; and
(B)  in a county with a population of more than two million;
(4)  in an area designated as an industrial district under Section 42.044; or
(5)  in an area subject to a strategic partnership agreement entered into under Section 43.0751.
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.