City of Houston 2023Legislative Report

Land Use

Bill Sponsors / Authors:

Cecil Bell, Jr.   Rep. Cecil Bell, Jr.
  R - Magnolia

Paul Bettencourt   Sen. Paul Bettencourt
  R - Houston

 

Supporting Documents / Links:

Land Use GraphicSenate Bill 2038 - Removal of Territory in ETJ through Petition

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.

This bill will allow landowners to be released from the City’s ETJ in one of the following ways:

  • On petition of 50% or more of voters, or a majority in value of holders of title of land;
    • City secretary or “other person responsible” must verify the petition;
    • City must “immediately release the area from the ETJ. As this takes Council action, such action must occur by the 45th day after the date the petition is received, or the next meeting of the governing body after the 30th day the petition is received.
    • Area is automatically released if council fails to act.
    • Area may, on request, become part of another City’s ETJ.
  • On petition to have an election, if 5% of the voters request such;
    • City must call, hold, canvass, and pay for election within first uniform election date that falls on or after the 90th day after the date the city receives a petition.
    • Notice of the election results must be given to person who requested the election “not later than 48 hours after the canvass.” 
    • Release of area must be done with 15 days after the canvass, or area is released by operation of law.
    • City has option to voluntarily release area without election. 

SB 2038 will likely lead to almost unilateral (by petition for election) removal of territory in the ETJ. These elections will likely be unplanned and uncoordinated with no logical pattern or linkage of infrastructure or jurisdictional controls. The protections in the ETJ ensure that new developments go into the area with adequate infrastructure like water, sewer, drainage facilities, streets, and electric/gas utilities.

The bill was signed by the Governor on May 19th and goes into effect September 1st.