Texas Local Government Code 42.9025 – Restriction On Imposing Fine or Fee in Certain Areas in Extraterritorial Jurisdiction
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(a) This section applies only to an area that is located in a municipality‘s extraterritorial jurisdiction and:
(1) that has been disannexed from the municipality under Subchapter G, Chapter 43; or
(2) for which the municipality has attempted and failed to obtain consent for annexation under Subchapter C-4 or C-5, Chapter 43.
(b) Notwithstanding any other law, a municipality may not impose under a municipal ordinance a fine or fee on a person on the basis of:
(1) an activity that occurs wholly in an area described by Subsection (a); or
(2) the management or ownership of property located wholly in an area described by Subsection (a).
Terms Used In Texas Local Government Code 42.9025
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) This section does not limit a municipality, including a municipally owned retail water, wastewater, or drainage utility, from imposing in an area described by Subsection (a) a fine or fee, including through the adoption and enforcement of rates, for water, sewer, drainage, or other related utility services.
(d) This section does not apply to development or redevelopment in an area in which an election was held under § 43.0117.