Getting land released from a city's ETJ in Texas

Last verified August 7, 2026 against the Austin Land Development Code · Kimbrough Gray · KiliGray Homes

There are two routes. A petition signed by more than half the registered voters, or by a majority in value of the landowners, obliges the city to release the area immediately — and if the city fails to act by the later of 45 days or its next meeting after 30 days, the area is released by operation of law. A separate route puts release to an election.

Applies to: Land in a municipality's extraterritorial jurisdiction in Texas, except areas excluded by §42.101 — including land near an active military training base, industrial districts and areas under a strategic partnership agreement.

Two routes, and the reporting usually merges them

Chapter 42 provides two separate ways out, in two separate subchapters. They are not variations on one process — different people may file, the thresholds differ, and the outcomes differ.

	Release by petition	Release by election
Who may file	A resident, or the owner(s) of the majority in value of an area of one or more parcels	A resident of the area only
Threshold	>50% of registered voters, or a majority in value of title holders per the appraisal district rolls	5% of registered voters, to trigger the election
What it produces	The city shall immediately release	An election on the question
If the city sits on it	Released by operation of law	—
Landowner opt-out	Not provided in this subchapter	Yes — §42.157, added 2025

Subchapter D (petition) and Subchapter E (election). Both were added by SB 2038 effective 1 September 2023; §42.157 was added by HB 2512 effective 1 September 2025.

The line that produced hundreds of petitions. §42.102(b) lets the owner or owners of the majority in value of an area consisting of one or more parcels file. A single owner of a single parcel is the majority in value of that parcel. So one landowner can petition to release their own land — no neighbors, no election, no campaign.

City silence is not refusal — it is release

If the petition carries the signatures, the city shall immediately release the area. And if it does nothing:

If a municipality fails to take action to release the area … by the later of the 45th day after the date the municipality receives the petition or the next meeting of the municipality's governing body that occurs after the 30th day after the date the municipality receives the petition, the area is released by operation of law.

Note the clock is "the later of" the two, so a city cannot shorten it by scheduling meetings, and cannot extend it past 45 days by not meeting. The petition is verified by the municipal secretary or whoever is responsible for verifying signatures.

What the petition has to contain

Signatures — more than 50 percent of the area's registered voters as of the preceding uniform election date, or a majority in value of the holders of title as shown on the central appraisal district tax rolls. Either satisfies it.
A deadline on collection — the threshold must be met no later than the 180th day after the first signature is obtained. A stale signature campaign has to start again.
Writing — signatures must be in writing.
A map, plus boundaries described by metes and bounds or by lot and block number where a recorded map or plat exists.

The value route is worth noticing. It is measured on appraisal district rolls, not on headcount, so an area of few voters and high land value can clear it without a majority of residents.

Release is close to a one-way door. §42.105(e) says an area released this way may not be included in any municipality's ETJ or corporate boundaries — "notwithstanding any other law" — unless the owner or owners subsequently request it. Cities cannot simply take it back. Some released areas have since asked to return, which is the only route available.

Not every area qualifies

§42.101 excludes several categories from the petition route. The three a Central Texas reader is most likely to encounter:

land within five miles of an active military training base;
an area designated an industrial district under §42.044;
an area subject to a strategic partnership agreement under §43.0751.

The full list is longer and several entries are drafted as population brackets that identify particular counties without naming them. We have not resolved those brackets to places, and would rather say so than guess which city each describes.

What we are not telling you. This page states what the statute requires. It does not advise whether release is a good idea for a particular owner — that turns on utilities, emergency services, platting authority and future annexation exposure, none of which are covered here. If money depends on the answer, it is a question for a Texas land use attorney rather than a builder.

Common questions

How do you get released from a city's ETJ in Texas?

File a petition with the city signed by more than 50 percent of the area's registered voters, or by a majority in value of the landowners according to appraisal district rolls. If it carries, the city must release the area immediately. There is also a separate route that puts release to an election, triggered by 5 percent of registered voters.

Can a single landowner petition to leave a city's ETJ?

Yes. §42.102(b) allows the owner or owners of the majority in value of an area of one or more parcels to file, and a sole owner of one parcel is the majority in value of that parcel.

What happens if the city ignores an ETJ release petition?

The area is released by operation of law. Under §42.105(d) the deadline is the later of 45 days after receipt, or the next governing body meeting occurring after the 30th day. Inaction releases the land rather than defeating the petition.

How long do you have to collect signatures for an ETJ release petition?

180 days. §42.104(b) requires the signature threshold to be met no later than the 180th day after the first signature is obtained.

Can a city put land back into its ETJ after release?

Not on its own. §42.105(e) bars a released area from being included in any municipality's ETJ or corporate boundaries unless the owner or owners subsequently request it.

Can a landowner refuse to be removed from the ETJ?

In the election route, yes. §42.157 — added in 2025 — requires that before an area is released under that subchapter, a landowner must be given the opportunity to have their property remain in the city's ETJ. That provision sits in the election subchapter and is not stated for the petition route.

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We are homebuilders, not the City of Austin. This page explains how we read the code in practice — it is not legal advice and it is not an official determination. Always confirm with Austin Development Services before you rely on it for a project. The authoritative text is the Austin Land Development Code; permitting questions go to Austin Development Services Department.