AI-assisted research summary: This subchapter does not apply to certain areas that meet listed distance, population, county, land-use, or development conditions.
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; (5) in an area subject to a strategic partnership agreement entered into under Section 43.0751; or (6) for the extraterritorial jurisdiction of a municipality located in four or more counties, one of which has a population of 2.1 million or more and is adjacent to a county with a population of 2.6 million or more: (A) in an area subject to an active development agreement entered into under Section 212.172 with the municipality; (B) in a platted or unplatted lot of less than 12 acres unless included with the other land in a petition for release under Section 42.102; or (C) within a platted subdivision of 25 or more lots if the area is a single lot. Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1041 (H.B. 2512), Sec. 2, eff. September 1, 2025.