City of Houston 2023Legislative Report

Land Use

Bill Sponsors / Authors:

Cody Harris   Rep. Cody Harris
  R - Palestine

 

Supporting Documents / Links:

Land Use GraphicHouse Bill 4175 – Release of the ETJ relating to Full City Services

The State of Texas defines a city’s rights and responsibilities for properties within its boundaries and the area immediately surrounding (ETJ) within the Local Government Code.

For the City of Houston, its ETJ is about a 5-mile band around the City’s general-purpose boundary unless that area intersects with another municipality and/or its ETJ. Two important regulatory authorities that the City has over its ETJ is the development and subdivision of land as well as that the authority to consent to the creation and expansion of other governmental entities such as municipal utility districts (MUDs).

The City uses these two tools in order to ensure that new development going around the City is compatible to the requirements within the City so that the area maintain a high quality of health and safety and so if the area were to ever be annexed, that area would seamlessly work within the City limits.

House Bill 4175 would have required the provision of full municipal services to any area of the ETJ where a city attempts to apply any regulations and denies any activity or structure. This bill does not provide a remedy to any actual issues in the ETJ, but rather punishes the City of Houston by requiring the extension of full services without the landowners paying any property taxes.

The bill was broadly worded. For example, the City of Houston extends its sign ordinance into the ETJ. If the City of Houston denied a permit to place a sign, the City would then be required to provide full city services to that area.

The bill passed the Texas House but was not heard in Senate Local Government.