Texas Local Government Code 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.
Terms Used In Texas Local Government Code 42.021
- 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
(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.