BILL ANALYSIS

 

 

Senate Research Center

H.B. 2512

 

By: Geren (King)

 

Local Government

 

5/19/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 88th Legislature passed S.B. 2038 by Senator Bettencourt to allow residents and the majority of landholders to automatically remove their property from a municipality's extraterritorial jurisdiction (ETJ) by petition or election. After the enactment, the City of Fort Worth expressed concern (1) that land, subject to a development agreement with the City, may be released despite the significant investment in infrastructure made in connection with a development agreement and (2) that land enclaves may be released, resulting in the inefficient provision of municipal services.

 

Chairman Geren filed H.B. 2512 to address those concerns and expand the list of land exempt from the "ETJ release" statute. H.B. 2512 expands the list to include (i) land subject to an active development agreement within the City of Fort Worth's ETJ, (ii) lots less than 12 acres, and (iii) platted subdivisions of 25 or more lots in a single lot. Changes made by the bill would only apply to petitions filed or elections requested on or after the date the bill takes effect.

 

H.B. 2512 amends current law relating to the release of certain areas from a municipality's extraterritorial jurisdiction by petition or election.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 42.101, Local Government Code, as follows:

 

Sec. 42.101. APPLICABILITY. Provides that Subchapter D (Release of Area by Petition of Landowner or Resident From Extraterritorial Jurisdiction) does not apply an area located:

 

(1)-(3) makes no changes to these subdivisions;

 

(4)-(5) makes nonsubstantive changes to these subdivisions;

 

(6) in an area subject to an active development agreement entered into under Section 212.172 (Development Agreement) with a municipality located in four or more counties, one of which has a population of 2.1 million or more and is adjacent to a county with a population of 2.6 million or more;

 

(7) in a platted or unplatted lot of less than 12 acres unless included with other land in a petition for release under Section 42.102; or

 

(8) within a platted subdivision of 25 or more lots if the area is a single lot.

 

SECTION 2. Amends Section 42.151, Local Government Code, as follows:

 

Sec. 42.151. APPLICABILITY. Provides that Subchapter E (Release of Area by Election From Extraterritorial Jurisdiction) does not apply to an area located:

 

�(1)-(3) makes no changes to these subdivisions;

 

(4)-(5) makes nonsubstantive changes to these subdivisions;

 

(6) in an area subject to an active development agreement entered into under Section 212.172 with a municipality located in four or more counties, one of which has a population of 2.1 million or more and is adjacent to a county with a population of 2.6 million or more;

 

(7) in a platted or unplatted lot of less than 12 acres unless included with other land in a petition for release under Section 42.152; or

 

(8) within a platted subdivision of 25 or more lots if the area is a single lot.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: September 1, 2025.