Tex. Local Gov't Code Section 42.156
Voluntary Release

Instead of holding an election under Section 42.153 (Election), the municipality may voluntarily release the area for which the election is to be held from the municipality’s extraterritorial jurisdiction before the date on which the election would have been held under Section 42.153 (Election)(a).
Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023.
Sec. 42.901. APPORTIONMENT OF EXTRATERRITORIAL JURISDICTIONS THAT OVERLAPPED ON AUGUST 23, 1963. (a) If, on August 23, 1963, the extraterritorial jurisdiction of a municipality overlapped the extraterritorial jurisdiction of one or more other municipalities, the governing bodies of the affected municipalities may apportion the overlapped area by a written agreement approved by an ordinance or a resolution adopted by the governing bodies.

(b)

A municipality having a claim of extraterritorial jurisdiction to the overlapping area may bring an action as plaintiff in the district court of the judicial district in which the largest municipality having a claim to the area is located. The plaintiff municipality must name as a defendant each municipality having a claim of extraterritorial jurisdiction to the area and must request the court to apportion the area among the affected municipalities. In apportioning the area, the court shall consider population densities, patterns of growth, transportation, topography, and land use in the municipalities and the overlapping area. The area must be apportioned among the municipalities:

(1)

so that each municipality’s part is contiguous to the extraterritorial jurisdiction of the municipality or, if the extraterritorial jurisdiction of the municipality is totally overlapped, is contiguous to the boundaries of the municipality;

(2)

so that each municipality’s part is in a substantially compact shape; and

(3)

in the same ratio, to one decimal, that the respective populations of the municipalities bear to each other, but with each municipality receiving at least one-tenth of the area.

(c)

An apportionment under this section must consider existing property lines. A tract of land or adjoining tracts of land that were under one ownership on August 23, 1963, and that do not exceed 160 acres may not be apportioned so as to be in the extraterritorial jurisdiction of more than one municipality unless the landowner gives written consent to that apportionment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Source: Section 42.156 — Voluntary Release, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­42.­htm#42.­156 (accessed Apr. 20, 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
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Accessed:
Apr. 20, 2024

§ 42.156’s source at texas​.gov