Texas Local Government Code 212.003 – Extension of Rules to Extraterritorial Jurisdiction
(a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under § 212.002 and other municipal ordinances relating to access to public roads or the pumping, extraction, and use of groundwater by persons other than retail public utilities, as defined by § 13.002, Water Code, for the purpose of preventing the use or contact with groundwater that presents an actual or potential threat to human health. However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate:
(1) the use of any building or property for business, industrial, residential, or other purposes;
(2) the bulk, height, or number of buildings constructed on a particular tract of land;
(3) the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage;
(4) the number of residential units that can be built per acre of land; or
(5) the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if:
(A) the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities; and
(B) the developed tract of land is:
(i) located in a county with a population of 2.8 million or more; and
(ii) served by:
(a) on-site septic systems constructed before September 1, 2001, that fail to provide adequate services; or
(b) on-site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water.
(b) A fine or criminal penalty prescribed by the ordinance does not apply to a violation in the extraterritorial jurisdiction.
Terms Used In Texas Local Government Code 212.003
- 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
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction.