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Local Government Code §42.021

In force on Sep 01, 2023 · this text took effect Sep 01, 2023 · same as today's text

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.

History: 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.

Source: the Legislature's file server, seen Nov 08, 2026.

Every version on file

Effective Sep 01, 2023 · seen Nov 2026–Nov 2026

Attorney General opinions that cite it

GA-0862 (Jan 04, 2011): Authority of a Type A general-law municipality to adopt and enforce an ordinance prohibiting the discharge of certain firearms or other weapons on property located within its original corporate limits
GA-0750 (Dec 18, 2009): Authority of a city to reacquire extraterritorial jurisdiction that it previously relinquished pursuant to chapter 42 of the Local Government Code
GA-0648 (Jan 14, 2008): Whether a municipality may adopt particular subdivision ordinances applicable to its extraterritorial jurisdiction and whether a county may do so in its unincorporated areas

A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.