SB 2038: What You Really Need to Know
Passed in 2023 by the 88th Texas Legislature, Senate Bill 2038 is a game-changer for landowners across the state. This law gives you the right to petition for your property to be removed from a city’s ETJ—that’s the zone just outside city limits where municipalities still have regulatory control. It’s a big deal because cities can enforce rules on your land without providing services like water, sewer, or emergency response.
Now, SB 2038 flips the script. Instead of cities holding all the power, property owners now have a clear legal path to take their land back.
Why This Law Could Change Everything for Your Property
Until now, dealing with ETJ regulations felt like playing a game where the rules changed mid-match. SB 2038 brings clarity and balance by:
- Cutting the Red Tape: It makes the petition process straightforward.
- Freeing Up Development: You can finally build or develop without city-imposed restrictions.
- Boosting Value: With fewer regulations, your land becomes more appealing to buyers, builders, and investors.
- Saving You Money: No city taxes or fees means more savings over time.
How to File an ETJ Removal Petition Under SB 2038
Here’s how to take advantage of the new law:
- Check Eligibility
Reach out to your city or consult with our team to see if your property qualifies for ETJ removal. - Put Together the Right Documents
- Your deed and a current survey
- Central Appraisal District valuation
- Proof of tax payment
- Map or legal description of your property
- Lienholder consent if needed
- Write and Notarize the Petition
State your intention to remove the property from the ETJ and get it signed and notarized by the majority owner(s). - Submit to the City
File your petition with the correct municipal office. Some cities may schedule a public hearing, but that’s not always the case. - Wait for City Action
The city has a set number of days to respond. If they don’t act, the release happens by law.
Don’t Let These Common Hurdles Slow You Down
Even with a clearer process, hiccups can still happen. Here are a few to watch for:
- Missing Documents: Double-check that every required item is included.
- Lienholder Roadblocks: If there’s a mortgage, the bank must approve. We help streamline that.
- City Delays: Some cities drag their feet. We’ll push them to meet legal deadlines.
The Bigger Picture: What SB 2038 Means for Texas Landowners
Beyond your property line, SB 2038 signals a shift. It’s part of a broader movement to restore control to individual landowners and reduce city overreach. It promotes growth, encourages investment, and puts power back where it belongs—in the hands of Texans.
Tips From the Trenches: Get Your Petition Right
- Get Started Early: The sooner you begin, the sooner you’re free from city oversight.
- Know the Law: Familiarize yourself with SB 2038 or hire someone who has.
- Build Local Support: Neighbors, HOAs, and stakeholders can bolster your petition.
- Use a Professional Service: Mistakes cost time. We get it right the first time.
Quick FAQs on SB 2038
On average, expect 60 to 100 days depending on the city.
Not at all. Services like Free My Property handle everything without the cost of a lawyer.
If your petition is complete and meets legal requirements, the city has limited grounds to deny. We can help you fix and resubmit if needed.
Take the Next Step Toward Property Freedom – Remove from ETJ
Whether you want to develop your land, launch a short-term rental, or just protect your rights, SB 2038 gives you the legal muscle to act. Don’t navigate the process alone.
At Free My Property, we’ve built our business around helping landowners like you. Our solutions range from cost-effective templates to full-service support that guarantees results.
📞 Call us at (512) 842-9112 or start here to reclaim what’s yours.
About Free My Property
Free My Property is Texas’ go-to partner for landowners navigating ETJ removal. With a deep understanding of SB 2038 and decades of combined experience in property law, planning, and advocacy, we offer a clear, results-driven process to help you cut through bureaucracy and unlock your land’s full potential.
From individuals with single lots to investors managing large portfolios, we’ve helped hundreds of clients win back their property rights with professionalism, transparency, and speed.
Visit freemyproperty.com or call (512) 842-9112 to speak with our team.