How much territory is encompassed in a city’s ETJ?
The extent of ETJ is generally dependent on the number of city inhabitants. With some exceptions, state law provides that:
  • in a city with fewer than 5,000 inhabitants, the ETJ is within one-half mile of the corporate boundaries;
  • in a city with 5,000 to 24,999 inhabitants, the ETJ is within one mile of the corporate boundaries;
  • in a city with 25,000 to 49,999 inhabitants, the ETJ is within two miles of the corporate boundaries;
  • in a city with 50,000 to 99,999 inhabitants, the ETJ is within 3-1/2 miles of the corporate boundaries; and
  • in a city with 100,000 or more inhabitants, the ETJ is within 5 miles of the corporate boundaries.

Id. § 42.021(a).                           

Absent evidence of fraud, a court is required to accept a city’s determination of the number of inhabitants, rather than consider census figures, in determining the extent of the ETJ. See City of Burleson v. Bartula, 110 S.W.3d 561, 565 (Tex. App.—Waco 2003, no pet.). When asked about the exact method of measurement a city must use to determine its ETJ, the attorney general concluded that a city may choose the method by which it will ascertain the boundaries of its ETJ. See Tex. Att’y Gen. LO-94-033.

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1. What is the extraterritorial jurisdiction and why was it created?
2. How much territory is encompassed in a city’s ETJ?
3. Why does my city’s ETJ encompass a different amount of territory than provided in state law?
4. What happens to the ETJ when a city annexes property?
5. Should a city have a map showing the boundaries of its ETJ?
6. May cities swap ETJ?
7. May a city apply its ordinances in the ETJ?
8. Do city taxes apply in the ETJ?
9. May qualified voters residing in the ETJ ever vote in a city election?
10. Do city police officers have any authority to make arrests in the ETJ?
11. Do municipal courts have jurisdiction over cases that arise in the ETJ?