Sec. 42.021. EXTENT OF EXTRATERRITORIAL JURISDICTION. (a) The extraterritorial jurisdiction of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located: (1) within one-half mile of those boundaries, in the case of a municipality with fewer than 5,000 inhabitants; (2) within one mile of those boundaries, in the case of a municipality with 5,000 to 24,999 inhabitants; (3) within two miles of those boundaries, in the case of a municipality with 25,000 to 49,999 inhabitants; (4) within 3-1/2 miles of those boundaries, in the case of a municipality with 50,000 to 99,999 inhabitants; or (5) within five miles of those boundaries, in the case of a municipality with 100,000 or more inhabitants. (b) Regardless of Subsection (a), the extraterritorial jurisdiction of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located: (1) within five miles of those boundaries on a barrier island; or (2) within one-half mile of those boundaries off a barrier island. (c) Subsection (b) applies to a municipality that has: (1) a population of 2,000 or more; and (2) territory located: (A) entirely on a barrier island in the Gulf of Mexico; and (B) within 30 miles of an international border. (d) Regardless of Subsection (a), the extraterritorial jurisdiction of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located within three miles of those boundaries if the municipality: (1) has a population of not less than 25,000 or more than 27,000; and (2) is located in a county that has a population of 45,000 or more and borders the Trinity River. (e) An annexation commenced after January 1, 2023, does not expand the extraterritorial jurisdiction of a municipality unless contemporaneously with the annexation the owner or owners of the area that would be included in the municipality's extraterritorial jurisdiction as a result of the annexation request that the area be included in the municipality's extraterritorial jurisdiction.
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