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SB 2523

AN ACT relating to the release of an area from the extraterritorial

Senate Bill Bettencourt
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to Senate committee

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What This Bill Does

relating to the release of an area from the extraterritorial

Subject Areas

Bill Text

relating to the release of an area from the extraterritorial
jurisdiction of a municipality by petition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 42.023, Local Government Code, is
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
(3)  as necessary to comply with Section 42.0235; or
(4)  as necessary to comply with Subchapter D or E.
SECTION 2.  Section 42.102, Local Government Code, is
Sec. 42.102.  AUTHORITY TO FILE PETITION FOR RELEASE.  (a)  A
resident of an area in a municipality's extraterritorial
jurisdiction may file a petition with the municipality in
accordance with this subchapter for the area to be released from the
extraterritorial jurisdiction.  A resident may only file for
release of an area if the resident resides in the area subject to
(b)  The owner or owners of the majority in value of an area
consisting of one or more parcels of land in a municipality's
extraterritorial jurisdiction may file a petition with the
municipality in accordance with this subchapter for the area to be
released from the extraterritorial jurisdiction.  An area that is
the subject of the petition may only include parcels for which the
owner or owners have an ownership interest.
SECTION 3.  Section 42.104(a), Local Government Code, is
(a)  A petition requesting release under this subchapter
(1)  more than 50 percent of the registered voters of
the area described by the petition as of the date of the preceding
(2)  a majority in value of the holders of title of land
in the area described by the petition, based on the aggregated
appraised value of all real property located in the area as
indicated by the most recent appraisal roll submitted to the
municipality under Chapter 26, Tax Code [tax rolls of the
applicable central appraisal district].
SECTION 4.  Section 42.105, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
(b)  The municipality shall notify the residents and
landowners of the area described by the petition that the
municipality has received the petition.  The municipality shall
provide the notice required by this subsection not later than the
seventh business day after the date the municipality receives the
(b-1)  The municipality shall notify the residents and
landowners of the area described by the petition of the results of
the petition.  The municipality may satisfy the requirement of this
subsection [this requirement] by notifying the person who filed the
SECTION 5.  Subchapter D, Chapter 42, Local Government Code,
is amended by adding Section 42.106 to read as follows:
Sec. 42.106.  OPT OUT OF REMOVAL.  Before an area is released
from a municipality's extraterritorial jurisdiction under this
subchapter, a landowner in the area to be released must be permitted
to opt their property out of the release.
SECTION 6.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the release of an area from the extraterritorial