Tex. Local Gov't Code Section 42.041
Municipal Incorporation in Extraterritorial Jurisdiction Generally


(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.
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: Section 42.041 — Municipal Incorporation in Extraterritorial Jurisdiction Generally, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­42.­htm#42.­041 (accessed Mar. 23, 2024).

42.001
Purpose of Extraterritorial Jurisdiction
42.021
Extent of Extraterritorial Jurisdiction
42.022
Expansion of Extraterritorial Jurisdiction
42.023
Reduction of Extraterritorial Jurisdiction
42.024
Transfer of Extraterritorial Jurisdiction Between Certain Municipalities
42.025
Release of Extraterritorial Jurisdiction by Certain Municipalities
42.026
Limitation on Extraterritorial Jurisdiction of Certain Municipalities
42.041
Municipal Incorporation in Extraterritorial Jurisdiction Generally
42.042
Creation of Political Subdivision to Supply Water or Sewer Services, Roadways, or Drainage Facilities in Extraterritorial Jurisdiction
42.043
Requirements Applying to Petition
42.044
Creation of Industrial District in Extraterritorial Jurisdiction
42.045
Creation of Political Subdivision in Industrial District
42.046
Designation of a Planned Unit Development District in Extraterritorial Jurisdiction
42.047
Creation of a Political Subdivision in an Area Proposed for a Planned Unit Development District
42.049
Authority of Wells Branch Municipal Utility District
42.101
Applicability
42.102
Authority to File Petition for Release
42.103
Applicability of Other Law
42.104
Petition Requirements
42.105
Results of Petition
42.151
Applicability
42.152
Authority to Request Election for Release
42.153
Election
42.154
Results of Election
42.155
Release of Area as Result of Election
42.156
Voluntary Release
42.0225
Extraterritorial Jurisdiction Around Certain Municipally Owned Property
42.0235
Limitation on Extraterritorial Jurisdiction of Certain Municipalities
42.0251
Release of Extraterritorial Jurisdiction by Certain General-law Municipalities
42.0411
Municipal Incorporation in Extraterritorial Jurisdiction of Certain Municipalities
42.0425
Addition of Land in Extraterritorial Jurisdiction of Municipality to Certain Political Subdivisions
42.902
Restriction Against Imposing Tax in Extraterritorial Jurisdiction
42.903
Extraterritorial Jurisdiction of Certain Type B or C General-law Municipalities
42.904
Extraterritorial Jurisdiction and Voting Rights in Certain Municipalities
42.9025
Restriction on Imposing Fine or Fee in Certain Areas in Extraterritorial Jurisdiction

Accessed:
Mar. 23, 2024

§ 42.041’s source at texas​.gov