FORNEY, Texas — Beginning September 1st, some residents across the state can “de-annex” themselves from a city's Extra-Territorial Jurisdiction (ETJ).
FORNEY, Texas — Beginning September 1st, some residents across the state can “de-annex” themselves from a city's Extra-Territorial Jurisdiction (ETJ).
Under SB 2038, a bill sponsored by State Representative Keith Bell (R-Forney) and signed by the Governor, some residents can petition for their removal from the ETJ.
Many developments in Kaufman County are under the City of Dallas ETJ, including neighborhoods like Clements Ranch and Devonshire. In 1975, the Dallas City Council annexed a portion of Kaufman and Rockwall Counties; the reason behind it was the development of Lake Ray Hubbard.
The new law allows residents to petition for removal. If the petition is signed by more than 50 percent of the registered voters in the area seeking release or a majority of those who own titles to land in the area, then the area is released from the ETJ.
The other option allows for an election to let voters decide. To call for an election, a petition must be signed by five percent of the registered voters in the ETJ.
State Representative Keith Bell said he sponsored the bill because local governance and individual property rights are core tenets of Texans.
“Senate Bill 2038 is a common-sense remedy that restores balance and gives property owners the ability to reclaim a voice in how they are governed,” said Representative Bell. “This legislation respects the principles of local governance and individual property rights - core tenets that resonate deeply with Texas residents.”
Attorney Elizabeth Alvarez told InForney that the bill expresses residents' discontent in parts of the county.
"The bill expresses discontent that some residents in other parts of the county feel with being forced to live by regulations a city might promulgate that are not in these citizens' best interest, but over which they have no control since they cannot vote in city elections," said Alvarez.
Alvarez explained that SB 2038 is specifically for those not living in the city limits.
"There is already a mechanism for individuals to disanex themselves from a municipality, but those caught in a city's ETJ cannot utilize those provisions since they are only in the ETJ and not within city limits,” explained Alvarez.
Should an area be released from a municipality’s ETJ, the County will be the official political subdivision to regulate the area.
"Once it goes into effect, the bill affords residents of Forney's (or any municipality's) ETJ who feel so inclined to be released from that municipality's ETJ thru either a petition or an election process, both of which are governed by the bill's provisions in conjunction with the Texas Election Code," said Alvarez.
SB 2038 goes into full effect on September 1, 2023.
