Texas House Bill HB5217

Texas 2023 - 88th Regular

• Filed: 3/10/23
• Out of House Committee: 4/25/23

Caption

Relating to release of an area from and limitations on the expansion of a municipality's extraterritorial jurisdiction.

Impact

If enacted, HB 5217 would significantly influence the powers of municipalities in Texas by restricting their ability to annex land involuntarily and by clarifying processes for citizens seeking to exit an ETJ. This could lead to a decentralized approach to local governance, empowering property owners and residents to have a greater say in how they want their land to be managed. Furthermore, the changes would prevent automatic expansion of ETJs when municipalities annex new areas, providing more autonomy to residents who wish to remain outside municipal oversight.

Summary

House Bill 5217 addresses the release of areas from a municipality's extraterritorial jurisdiction (ETJ) and sets limitations on the expansion of such jurisdictions. This bill is closely related to previous legislation aimed at halting forced annexations, allowing property owners and residents in ETJs to petition for their release from these jurisdictions. Notably, it establishes a process where not only a majority of property owners can initiate a release but also requires local elections for this purpose, contingent upon petitioning thresholds being met. This adds an essential layer of community involvement in municipal governance concerning land use and development decisions.

Sentiment

The overall sentiment surrounding House Bill 5217 appears to be favorable among property developers and owners who view it as a protective measure for their rights. Supporters argue that it promotes flexibility in land use and could help address housing affordability issues by easing regulatory burdens on development. However, there are concerns among municipal leaders and other stakeholders who see it as a limitation on their authority, potentially complicating urban planning and development efforts. This tension highlights the balance between individual property rights and community oversight.

Contention

Key points of contention include the potential for decreased municipal revenues and services due to reduced ETJs, as well as the implications for urban planning. Critics of the bill express concern that it may undermine the ability of cities to manage growth effectively, leading to fragmentation in governance that complicates future developments. On the other hand, proponents insist that the bill empowers residents and addresses market cycles and housing needs, reflecting the ongoing tensions in Texas politics between local control and state-level intervention.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 42. Extraterritorial Jurisdiction Of Municipalities
  • Section: New Section
  • Section: New Section

• Chapter 242. Authority Of Municipality And County To Regulate Subdivisions In And Outside Municipality's Extraterritorial Jurisdiction
  • Section: 001

Election Code

• Chapter 277. Petition Prescribed By Law Outside Code
  • Section: 004