AI-assisted research summary: This section defines when land counts as a municipality’s extraterritorial jurisdiction and sets different distance limits for different municipal populations and special locations.
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.