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Relating to the release of extraterritorial jurisdiction by a
municipality involving certain areas.
No fiscal implication to the State is anticipated.
SB 1326 is a local bill that would allow a certain homeowners association (HOA) to petition for disannexation and release from the extraterritorial jurisdiction (ETJ) of a city.
According to the author's statement of intent, in this particular instance, a small residential subdivision that has been governed by a single HOA is divided between the city limits and the city's ETJ, where about 80 of the 95 homes are located in the ETJ. In a legal challenge, the city was stopped from forcibly annexing the subdivision because the court found that the city's annexation would not have provided adequate services as required under state law. The HOA would like to be free to explore self-governance or join a closer neighboring city.
Texas Action recommends to support SB 1326 on the basis of limited government, individual liberty, and property rights. Although this is only a local bill, the sentiment is the same around the state: forced annexation permits taxation without representation, deprives citizens who prefer a smaller government and fewer central services of their choice to intentionally live outside the city limits, and can create hardship for affected homeowners.