Why the Legal Framework of ETJ Matters
ETJs—short for Extraterritorial Jurisdictions—are one of the most misunderstood elements of Texas land use law. Property owners often find themselves subject to city rules even though they live outside city limits.
To fully understand your rights—and your options for removing your property from the ETJ—you need to understand the laws that make it possible. This guide breaks it down in plain English.
What Is an ETJ in Legal Terms?
According to the Texas Local Government Code, cities are allowed to extend limited control over land use, planning, and development in a designated zone just beyond their boundaries. This zone is the ETJ.
Key facts:
– Cities do not need voter approval to establish an ETJ
– Property owners in the ETJ cannot vote in city elections
– Cities enforce zoning, platting, and development rules
– Residents often do not receive city services (e.g., utilities, police)
The size of the ETJ varies based on population:
– 0.5 miles for cities under 5,000 people
– 1 mile for cities up to 25,000
– 2 miles for up to 50,000
– 3.5 to 5 miles for larger municipalities
Chapter 42 – Texas Local Government Code
Chapter 42 of the Texas Local Government Code defines how cities can regulate growth and development within their ETJ.
It allows cities to:
– Regulate subdivision plats and infrastructure
– Control building setbacks and right-of-way
– Restrict land use categories like residential or industrial
But it also protects landowners by:
– Requiring notice before annexation
– Prohibiting enforcement beyond defined boundaries
– Allowing disannexation under certain conditions
Chapter 277 – Signature Requirements for ETJ Petitions
If you decide to petition for ETJ release, Chapter 277 of the Texas Election Code outlines how to gather valid signatures.
Each signature must include:
– Printed full name
– Date of birth or voter registration number
– Residential address
– Date signed
– Actual signature
Free My Property uses a validated affidavit process to ensure full compliance and avoid city rejection.
Senate Bill 2038 – The Game-Changer
Passed in 2023, SB 2038 created a streamlined process for landowners to request ETJ removal.
It gives property owners the right to:
– Petition for ETJ release without city approval
– Trigger an automatic release after 45 days of city inaction
– Take action even if the city refuses to engage
SB 2038 leveled the playing field and made property rights enforceable outside city limits.
How These Laws Work Together
Understanding these three laws helps landowners make informed decisions:
– Chapter 42 defines what cities can do
– Chapter 277 defines how to file a valid petition
– SB 2038 creates a path to challenge ETJ control
Free My Property has built its services to match this legal framework step for step.
Know the Law, Reclaim Your Land
You don’t need to be a lawyer to use the law to your advantage. But you do need a team that knows how the legal framework applies to your situation.
Free My Property uses these statutes every day to help Texans regain control of their land.
📞 Call (512) 842-9112 or start your petition today.
About Free My Property
Free My Property is Texas’ only service focused exclusively on ETJ removal. We combine legal expertise, city experience, and signature compliance into an end-to-end service for landowners ready to take back control.
Visit Free My Property or call (512) 842-9112 to learn more.