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Texas Local Government Code

§ 42.152 — AUTHORITY TO REQUEST ELECTION FOR RELEASE

LG § 42.152Title 2. ORGANIZATION OF MUNICIPAL GOVERNMENT · Part C. MUNICIPAL BOUNDARIES AND ANNEXATION · Ch. 42. EXTRATERRITORIAL JURISDICTION OF MUNICIPALITIES · Art. E. RELEASE OF AREA BY ELECTION FROM EXTRATERRITORIAL JURISDICTION

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(a)A resident of an area in a municipality's extraterritorial jurisdiction may request the municipality to hold an election in accordance with this subchapter to vote on the question of whether to release the area from the municipality's extraterritorial jurisdiction by filing with the municipality a petition that includes the signatures of at least five percent of the registered voters residing in the area as of the date of the preceding uniform election date. A resident may only file for release of an area if the resident resides in the area subject to the release.
(b)A resident may not request another election on the question of releasing the same or substantially same area from the municipality's extraterritorial jurisdiction before the second anniversary of the date the municipality receives a petition filed under Subsection (a).
(c)The petition must include a map of the land to be released and describe the boundaries of the land to be released by:
(1)metes and bounds; or
(2)lot and block number, if there is a recorded map or plat.
(d)If a municipality receives a petition under this section, the municipality shall provide notice of the petition to the residents and landowners of the area described by the petition. The municipality shall provide the notice not later than the seventh business day after the date the municipality receives the petition. Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023. Amended by:

Legislative history

Acts 2025, 89th Leg., R.S., Ch. 1041 (H.B. 2512), Sec. 4, eff. September 1, 2025.