Tex. Loc. Gov't Code § 42.041 · Subchapter C. CREATION OR EXPANSION OF GOVERNMENTAL ENTITIES IN EXTRATERRITORIAL JURISDICTION
MUNICIPAL INCORPORATION IN EXTRATERRITORIAL JURISDICTION GENERALLY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A municipality may not be incorporated in the extraterritorial jurisdiction of an existing municipality unless the governing body of the existing municipality gives its written consent by ordinance or resolution.
(b) If the governing body of the existing municipality refuses to give its consent, a majority of the qualified voters of the area of the proposed municipality and the owners of at least 50 percent of the land in the proposed municipality may petition the governing body to annex the area. If the governing body fails or refuses to annex the area within six months after the date it receives the petition, that failure or refusal constitutes the governing body's consent to the incorporation of the proposed municipality.
(c) The consent to the incorporation of the proposed municipality is only an authorization to initiate incorporation proceedings as provided by law.
(d) If the consent to initiate incorporation proceedings is obtained, the incorporation must be initiated within six months after the date of the consent and must be finally completed within 18 months after the date of the consent. Failure to comply with either time requirement terminates the consent.
(e) This section applies only to the proposed municipality's area located in the extraterritorial jurisdiction of the existing municipality.
Notes and commentary — not statutory text
History
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 287 (H.B. 585), Sec. 1, eff. June 16, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LG/htm/LG.42.htm
- Text hash
- sha256 dd9baab5421c242c7f27b642eb72b6b1fa30fbc02c14cb5e5a3c0b82ce5ecda2
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 5 provisions
Provisions in this library whose text cites Tex. Loc. Gov't Code § 42.041. Each shows the citation as that text prints it.
Local Government Code
- Tex. Loc. Gov't Code § 42.0411MUNICIPAL INCORPORATION IN EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES.Printed as Section 42.041(a)
- Tex. Loc. Gov't Code § 42.043REQUIREMENTS APPLYING TO PETITION.Printed as Section 42.041 or 42.042
- Tex. Loc. Gov't Code § 42.047CREATION OF A POLITICAL SUBDIVISION IN AN AREA PROPOSED FOR A PLANNED UNIT DEVELOPMENT DISTRICT.Printed as Section 42.041
- Tex. Loc. Gov't Code § 43.0753REGIONAL DEVELOPMENT AGREEMENTS.Printed as Sections 42.023 and 42.041(b)
- Tex. Loc. Gov't Code § 43.0754REGIONAL PARTICIPATION AGREEMENTS.Printed as Sections 42.041(b)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.