Petition for an extraterritorial jurisdiction (ETJ) release

Senate Bill 2038, passed during the Texas 88th legislative session (88R, 2023), amended state law related to the City’s extraterritorial jurisdiction (ETJ) by adding new Subchapters D and E to Chapter 42 to the Texas Local Government Code (LGC). It went into effect on September 1, 2023. Specifically, the bill creates processes for property owners or residents to petition the City of Austin to be released either directly (Subchapter D) or by election (Subchapter E) from the City’s ETJ. This FAQ addresses Subchapter D petitions requesting release from the ETJ without the need for an election. The City’s implementation of SB 2038 is not intended as a comment on the merits of any ongoing litigation concerning SB 2038.

When the City of Austin receives a Subchapter D petition for a release without an election, the City Clerk and the Planning Department determine whether the petition is accurate and meets the minimum requirements imposed in state law. When the petition complies with the law, the City has no discretion and must release the area from the ETJ. These ETJ releases can happen by operation of law without the need for Council action.

The City’s current processes focus on petitions for direct release submitted by landowners or residents. These new processes require ongoing internal coordination. Once petitions are verified as accurate and meeting the legal requirements of the Local Government Code, no discretion remains for Council, and the area identified in the petition must be released from the City of Austin ETJ.

The City of Austin has 45 days from the date the petition was filed with the Office of the City Clerk to either release the area or notify the petitioner that the petition is invalid and is being denied. If the City takes no action by the 45th day1 after the petition was submitted, the area is released from the ETJ as a matter of law.

1 SB 2038 provides the City with the later of 45 days or the date of the first Council meeting that occurs 30 days after receipt. In most cases this will be 45 days, but in some cases, depending on the Council meeting schedule, the release date will occur at a later date and will also occur by operation of law.

A resident of the City’s ETJ or the owner or owners of a majority in value of the area within the City’s ETJ requested to be released may submit a petition that meets the Subchapter D requirements.

The City Clerk is named in Local Government Code Chapter 42 Subchapter D as the person responsible for verification of the petitions, point of contact for applications, and keeper of records.

A resident or property owner should set an appointment by calling 512-974-2210 or by emailing city.clerk@austintexas.gov to submit a petition in person at the Office of the City Clerk located in City Hall. WHEN YOU GO TO CITY HALL, PLEASE CHECK IN AT THE SECURITY DESK ON THE FIRST FLOOR.

In person submissions are preferred, but petitions are accepted by email if they are sent to city.clerk@austintexas.gov and the Clerk responds with "received" confirming they are in receipt of the request and will begin the process.

Mailed requests are accepted, but it is strongly recommended that you check with the Clerk’s office to confirm they have received the petition. The 45-day clock to review the petition begins when the Clerk receives the petition, not when it is postmarked. When mailing an ETJ Release petition, send to:

    The Office of the City Clerk
     P.O. Box 1088
     Austin, TX 78767

• Owner/Petitioner name and contact information
• Property address
• Property metes and bounds or lot and block number
• Map of property
• Signatures of more than 50% of the registered voters of the area described in the petition OR signatures of the owner or owners of the majority in value of the area described in the petition
• Voter ID or date of birth for each registered voter or property owner that has signed the petition

After a petition is submitted in person or received by email or in the mail, the 45-day clock to review the petition begins. The Clerk will first conduct a facial review of the petition to verify that all required information is present. If information is missing as required by the LGC Chapter 42 Subchapter D, the City Clerk notifies the applicant that the petition is not valid. If all information is present, City staff evaluate the request to ensure the map and description of the area is correct and that requested area is wholly enclosed within the City of Austin’s ETJ. If there are errors with the map or the description of the area or if the area to be released is not wholly enclosed within the City’s ETJ, the petition is processed as not valid and the City Clerk notifies the applicant that the petition does not meet the requirements of the LGC.

If all required items are included with the petition, and the requested property is located wholly within the City of Austin’s ETJ, the City Clerk provides the applicant with a letter notifying them that the requested property is subject to release. City staff will ensure that the property is removed from the City of Austin’s ETJ on all City maps.

If the City does not take timely action as required by LGC Chapter 42 Subchapter D, the property is considered released from the City’s ETJ by operation of law.