Why ETJ Removal Processes Vary Across Texas Cities
In Texas, reclaiming control over your land from a city’s Extraterritorial Jurisdiction (ETJ) is a powerful right—but the path isn’t the same in every city.
While Senate Bill 2038 made the process legally clearer, each municipality still applies its own procedural quirks. Some cities approve ETJ petitions behind the scenes, administratively. Others require your petition to be added to a city council agenda and voted on.
If you’re a Texas landowner looking to free your property from ETJ restrictions, knowing which process your city follows isn’t just helpful—it’s essential.
Understanding SB 2038 Legal Requirements for ETJ Removal in Texas
Senate Bill 2038, signed into law in 2023, added Section 42.105 to the Texas Local Government Code. Here’s what it mandates:
- §42.105(b): Landowners may petition for removal of their property from a city’s ETJ
- §42.105(c): If the petition is valid and the city takes no action within 45 days, the land is released by operation of law
- §42.105(d): If the petition is invalid, the city must notify the landowner before the deadline
- §42.105(e): Cities cannot stall indefinitely. They either approve, reject (with valid reason), or it auto-releases
But while the legal floor is clear, the local implementation varies significantly. Understanding your rights under ETJ law is just the first step.
Administrative ETJ Removal Cities: Faster Staff-Led Process
These Texas cities allow ETJ removals to proceed without needing a city council vote. Staff review, confirm compliance, and process the release internally.
Dripping Springs ETJ Removal Process
- Petitions are verified by city staff
- Releases are issued administratively without a council vote
- Confirmed by city documentation and staff procedures
- Average processing time: 30-45 days
Waco ETJ Petition Requirements
- The city secretary and legal department confirm submission standards
- No need to be added to the city council agenda
- Property is released if the city does not respond within 45 days
- Email submissions accepted with proper formatting
McAllen ETJ Release Procedures
- Staff review petitions, but all removals require legal review
- Process is handled administratively with very slow and often non-existent feedback to petitioner
- Follow-up often required to ensure processing
Free My Property Tip: These cities move fast—but only if your documents are perfect. Our Comprehensive Package handles formatting, signature validation, and submission tracking for you.
Council-Driven ETJ Removal Cities: Public Approval Required
Some cities require petitions to be placed on a consent agenda or a regular city council meeting for approval. This adds time—and complexity.
Fredericksburg ETJ Council Process
- Petitions must be added to a city council meeting for approval
- Consent agenda used for most items unless discussion is requested
- Council meets twice monthly
- Typical timeline: 60-90 days
Woodcreek ETJ Removal Requirements
- Reviewed first by the Planning & Zoning Commission
- Final approval by city council consent agenda
- Dual-review adds 30-45 days to process
- Must coordinate with both departments
Wimberley ETJ Petition Procedures
- Similar to Woodcreek: dual-review path from zoning commission to city council
- Requires attendance at P&Z meeting recommended
- Council approval typically follows P&Z recommendation
Free My Property Tip: Delays happen when petitions are submitted too close to agenda deadlines or miss formatting requirements. We contact clerks directly to ensure petitions are properly scheduled. Learn why timing matters.
Complete ETJ Removal Document Checklist for Texas Properties
Regardless of city type, here’s what you’ll need:
- Signed, notarized petition under SB 2038
- Legal property description (survey or metes and bounds)
- Property deed (warranty or quitclaim)
- Central Appraisal District record (proving ownership)
- Tax certification from the county assessor
- Chapter 277 signature compliance (required if multiple owners)
Missing even one document can delay your petition for months. Our Essential Package includes a complete checklist and templates for all required documents.
How Free My Property Customizes ETJ Petitions for Your City
We track and maintain filing procedures across 1,000+ Texas cities. Our expertise means we:
- Know which cities need council consent vs. administrative approval
- Know which accept email vs. hard copy submissions
- Know the right department contacts for follow-up
- Understand each city’s unique formatting requirements
You don’t just get a form—you get a team that:
- Schedules your petition for council vote (if required)
- Delivers it in the right format your city expects
- Tracks deadlines and triggers the automatic release, if needed
- Handles all communication with city officials
Whether you own residential property, commercial property, or short-term rentals, we customize the approach for your specific city and property type.
Avoid Common ETJ Petition Mistakes That Cause Delays
Cities are fighting back against ETJ removals, often rejecting petitions for minor technical issues:
- Wrong property description format
- Missing signature pages
- Improper notarization
- Incomplete owner consent
- Filed with wrong department
Don’t risk delays or rejection. Our 100-day guarantee ensures your petition is filed correctly the first time.
Start Your City-Specific ETJ Removal Process Today
There is no universal ETJ removal process in Texas. If you don’t tailor your petition to your city’s expectations, it might be delayed, ignored, or worse—deemed invalid.
Let Free My Property file it right the first time. From Waco to Woodcreek, we’ve helped hundreds of landowners successfully remove their properties from ETJ restrictions.
📞 Start your petition today at freemyproperty.com or call (512) 842-9112.
Learn More About ETJ Removal in Your Area
Essential Reading:
- Understanding Senate Bill (SB) 2038 and Its Importance
- Why You Should Free Your Property from the ETJ
- Why Short-Term Rental Owners Should Free Their Property
External Resources:
- Texas Local Government Code Chapter 42
- Texas Municipal League ETJ Resources
- Senate Bill 2038 Full Text
About Free My Property
Free My Property is the only Texas-based service solely focused on helping landowners remove their property from a municipality’s ETJ. We combine legal understanding, planning experience, and collaborative relationships with local governments to deliver fast, affordable results.
Our team has guided everyone from individual landowners to investors through the ETJ removal process, making it simple and stress-free. Want to know more? Visit freemyproperty.com or call (512) 842-9112 to speak with our team.