Texas Codes

Tex. Loc. Gov't Code § 212.003 (2026)

Extension Of Rules To Extraterritorial Jurisdiction

✓ current as of May 2026

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Sec. 212.003. EXTENSION OF RULES TO EXTRATERRITORIAL JURISDICTION. (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 and other municipal ordinances relating to access to public roads or the pumping, extraction, and use of groundwater by persons other than retail public utilities, as defined by Section 13.002, Water Code, for the purpose of preventing the use or contact with groundwater that presents an actual or potential threat to human health. However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate:

(1) the use of any building or property for business, industrial, residential, or other purposes;

(2) the bulk, height, or number of buildings constructed on a particular tract of land;

(3) the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage;

(4) the number of residential units that can be built per acre of land; or

(5) the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if:

(A) the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities; and

(B) the developed tract of land is:

(i) located in a county with a population of 2.8 million or more; and

(ii) served by:

(a) on-site septic systems constructed before September 1, 2001, that fail to provide adequate services; or

(b) on-site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water.

(b) A fine or criminal penalty prescribed by the ordinance does not apply to a violation in the extraterritorial jurisdiction.

(c) The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 822, Sec. 6, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 68, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 731, Sec. 3, eff. Sept. 1, 2003.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1996–2025 · leading case: FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000).

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FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000). “See TEX.LOC. GOV'T CODE § 212.003. If no municipal ordinances are extended to the ETJ, only county land-use regulations apply.”

Save Our Springs All., Inc. v. City of Dripping Springs, 304 S.W.3d 871 (Tex. App. 2010). “Tex. Loc. Gov't Code Ann. § 212.003 (a) (West 2008) (restricting municipality's ability to regulate in its extraterritorial jurisdiction).”

2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney Gen. Kenneth Paxton (In His Off. Capacity), Acting Texas Comptroller of Pub. Accounts Kelly Hancock (In His Off. Capacity), & the Off. of the Texas Comptroller of Pub. Accounts (Tex. App. 2025). · cites it 2× “11 Tex. Loc. Gov't Code §§ 212.003(a), .049.”

in Re Jim Hollis & Christopher Juusola (Tex. App. 2009). “003 (a)(1) (West 2008) (providing that municipality shall not regulate "the use of any building or property for business, industrial, residential, or other purposes" in its extraterritorial jurisdiction unless otherwise authorized by state law).”

Save Our Springs All., Inc. v. City of Dripping Springs Todd Purcell, in His Off. Capacity as Mayor of the City of Dripping Springs & Mak Foster Ranch, L.P. (Tex. App. 2009). “Tex. Loc. Gov't Code Ann. § 212.003 (a) (West 2008) (restricting municipality's ability to regulate in its extraterritorial jurisdiction).”

Milestone Potranco Dev., Inc. v. the City of San Antonio & the San Antonio Plan. Comm'n (Tex. App. 2009). “Tex. Loc. Gov't Code Ann. § 212.003 (a) (Vernon 2008).”

Save Our Springs All., Inc. v. City of Dripping Springs Todd Purcell, in His Off. Capacity as Mayor of the City of Dripping Springs & Mak Foster Ranch, L.P. (Tex. App. 2010). “Tex. Loc. Gov't Code Ann. § 212.003 (a) (West 2008) (restricting municipality's ability to regulate in its extraterritorial jurisdiction).”

Harry Bizios v. Town of Lakewood Vill., Texas (Tex. App. 2015). “1, 8, 10, 11, 12 Tex. Loc. Govt. Code, §212.002………………………………………….”

Town of Lakewood Vill. v. Harry Bizios (Tex. App. 2015). “Code, Chapter 212 1,8,10,11,12 Tex. Loc. Govt. Code, §212.002 8, 9 Tex. Loc.”

City of Austin Save Our Springs Legal Def. Fund Inc. & Al St. Louis v. Jerry J. Quick, Kaira G. Quick, John M. Bryant, Ruth E. Bryant, Joe Cox, Dolores Cox, Florence Turck & Circle C Land Corp. (Tex. App. 1996). “Tex. Loc. Gov't Code Ann. § 212.003 (West Supp.”

— Tex. Loc. Gov't Code § 212.003(a) — 1 case

— Tex. Loc. Gov't Code § 212.003(c) — 1 case

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