HB2512

Regular Session

Relating to the release of certain areas from a municipality's extraterritorial jurisdiction by petition or election.

CriticalImmediate action required

Low Cost

Effective:2025-06-20

Enforcing Agencies

Municipalities (City Secretaries/Planning Departments)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline: Immediate. Any petition for ETJ release filed on or after June 20, 2025, must comply with the new exclusion zones and notice requirements.
Agency Rulemaking: No state-level rulemaking is required. However, individual municipalities must immediately draft local ordinances or administrative procedures to define the "Opt-Out" mechanism and notice delivery methods.

Immediate Action Plan

Municipalities: Draft and finalize the "Notice of Petition" and "Opt-Out" templates immediately. Establish a protocol to trigger the 7-day mailing process the moment a petition is stamped "Received."
Developers (Pending Petitions): If you are preparing a petition, file immediately. Petitions filed before June 20, 2025, are grandfathered and not subject to the military/industrial exclusions or the opt-out requirement.
Developers (Future Projects): Commission a geospatial constraints map for all land holdings in the ETJ to identify overlap with military buffers (5 miles) and Industrial Districts.

Operational Changes Required

Contracts

Strategic Partnership Agreements (SPAs): Review all active SPAs. Properties subject to these agreements are now statutorily barred from petitioning for ETJ release.
Development Agreements: Confirm if existing Chapter 212 agreements contain non-annexation clauses; these may now irrevocably bind the property to the ETJ in certain high-growth counties.

Hiring/Training

Municipal Staff: City Secretaries and Planning Departments must be trained on the 7-day shot clock. Failure to send notices to residents within 7 business days of receiving a petition may invalidate the process or invite litigation.
Site Selection/Development Teams: Staff must incorporate geospatial analysis into pre-petition due diligence to verify property is not within 5 miles of an active military base or inside a designated Industrial District.

Reporting & Record-Keeping

Notice of Petition: Municipalities must generate and retain proof of delivery (e.g., certified mail logs) for notices sent to residents within the petition area.
Opt-Out Forms: Municipalities must create and distribute a standardized "Election to Remain in ETJ" form for landowners exercising their right under Section 42.157.
Exclusion Verification: Developers must document distance surveys proving the property lies outside the new military and industrial exclusion zones.

Fees & Costs

Administrative Costs: Municipalities will incur unrecoverable costs for printing and mailing notices to all residents in a petition area within the strict 7-day window.
Legal/Surveying Costs: Developers should anticipate higher upfront costs for legal review and surveying to confirm eligibility for release under the new geographic restrictions.

Strategic Ambiguities & Considerations

The "Opt-Out" Mechanism: The statute grants landowners the right to opt out of release but fails to define the process or deadline for doing so. Municipalities will likely define this via local ordinance. Watch for: Short filing windows (e.g., 10-30 days) established by cities to limit opt-outs.
"Provide Notice": Section 42.152(d) requires cities to "provide notice" without specifying the method (US Mail vs. website). While cities may attempt digital notice to save costs, businesses should anticipate and demand direct mail to ensure due process is met.
Jurisdictional "Donut Holes": The opt-out provision may create fragmented jurisdictions where single parcels remain in the ETJ while surrounding land is released. This creates complex service delivery and taxation questions that are currently unresolved by the statute.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCity Government City Government--annexation Platting

Official Analysis

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BILL ANALYSIS

C.S.H.B. 2512

By: Geren

Land & Resource Management

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that S.B. 2038 from the 88th Legislative Session, which allowed residents and landowners to remove property from a municipality's extraterritorial jurisdiction (ETJ), has caused unintended consequences. C.S.H.B. 2512 seeks to address this issue by revising applicability of the exemption from provisions governing the release of an area from a municipality's ETJ.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2512 amends the Local Government Code to revise applicability of the exemption from provisions governing the release of an area from a municipality's ETJ by petition or election as follows:

·exempts an area located in an area subject to a development agreement entered into under applicable state law relating to agreements governing certain land in a municipality's ETJ with a municipality with a population of more than 900,000, regardless of the population of the municipality when the agreement was entered into;

·exempts an area located in a platted or unplatted lot of less than 12 acres unless included with other land in such a petition for release; and

·exempts an area located within a platted subdivision of 25 or more lots if the area is a single lot.

The bill applies only to the eligibility of an area to be released from a municipality's ETJ as the result of a petition or an election, as applicable, on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2512 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the introduced and the substitute revise applicability of the exemption from provisions governing the release of an area from a municipality's ETJ by petition or election. However, the versions differ as follows:

·the substitute omits a provision included in the introduced with respect to an exempt area located within five miles of the boundary of a military base at which an active training program is conducted that changed the applicable distance to within 15 miles of such a boundary;

·the substitute includes a specification not in the introduced that makes the exemption of an area located in an area subject to a development agreement entered into under applicable state law relating to agreements governing certain land in a municipality's ETJ applicable to an area with a municipality with a population of more than 900,000, regardless of the population of the municipality when the agreement was entered into;

·the substitute omits provisions from the introduced that exempted an area located in an area within a municipalitys certificate of convenience and necessity issued in accordance with applicable Water Code provisions; and

·the substitute includes provisions not in the introduced exempting an area located in a platted or unplatted lot of less than 12 acres unless included with other land in such a petition for release and an area located within a platted subdivision of 25 or more lots if the area is a single lot.

The substitute includes a provision not in the introduced establishing the applicability of the bill's provisions to the eligibility of an area to be released from a municipality's ETJ as the result of a petition or an election, as applicable, on or after the bill's effective date.

Whereas the introduced provided for the bill to take effect immediately, contingent on receiving the requisite constitutional vote, or on September 1, 2025, the substitute provides only for the bill to take effect September 1, 2025, with no possibility for immediate effect.

House Authors

Rep. Charlie GerenRepublican · Primary Author

Joint Authors

Phil King (R)

Bill Text(with markup)

H.B. No. 2512

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the release of certain areas from a municipality's
	extraterritorial jurisdiction by petition or election.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 42.023, Local Government Code, is
	amended to read as follows:
	Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION.
	The extraterritorial jurisdiction of a municipality may not be
	reduced unless the governing body of the municipality gives its
	written consent by ordinance or resolution, except:
	(1) in cases of judicial apportionment of overlapping
	extraterritorial jurisdictions under Section 42.901;
	(2) in accordance with an agreement under Section
	42.022(d); [or]
	(3) as necessary to comply with Section 42.0235; or
	(4) as necessary to comply with Subchapter D or E.
	SECTION 2. Section 42.101, Local Government Code, is
	amended to read as follows:
	Sec. 42.101. APPLICABILITY. This subchapter does not apply
	to an area located:
	(1) within five miles of the boundary of a military
	base, as defined by Section 43.0117, at which an active training
	program is conducted;
	(2) in an area that was voluntarily annexed into the
	extraterritorial jurisdiction that is located in a county:
	(A) in which the population grew by more than 50
	percent from the previous federal decennial census in the federal
	decennial census conducted in 2020; and
	(B) that has a population greater than 240,000;
	(3) within the portion of the extraterritorial
	jurisdiction of a municipality with a population of more than 1.4
	million that is:
	(A) within 15 miles of the boundary of a military
	base, as defined by Section 43.0117, at which an active training
	program is conducted; and
	(B) in a county with a population of more than two
	million;
	(4) in an area designated as an industrial district
	under Section 42.044; [or]
	(5) in an area subject to a strategic partnership
	agreement entered into under Section 43.0751; or
	(6) for the extraterritorial jurisdiction of a
	municipality located in four or more counties, one of which has a
	population of 2.1 million or more and is adjacent to a county with a
	population of 2.6 million or more:
	(A) in an area subject to an active development
	agreement entered into under Section 212.172 with the municipality;
	(B) in a platted or unplatted lot of less than 12
	acres unless included with the other land in a petition for release
	under Section 42.102; or
	(C) within a platted subdivision of 25 or more
	lots if the area is a single lot.
	SECTION 3. Section 42.151, Local Government Code, is
	amended to read as follows:
	Sec. 42.151. APPLICABILITY. This subchapter does not apply
	to an area located:
	(1) within five miles of the boundary of a military
	base, as defined by Section 43.0117, at which an active training
	program is conducted;
	(2) in an area that was voluntarily annexed into the
	extraterritorial jurisdiction that is located in a county:
	(A) in which the population grew by more than 50
	percent from the previous federal decennial census in the federal
	decennial census conducted in 2020; and
	(B) that has a population greater than 240,000;
	(3) within the portion of the extraterritorial
	jurisdiction of a municipality with a population of more than 1.4
	million that is:
	(A) within 15 miles of the boundary of a military
	base, as defined by Section 43.0117, at which an active training
	program is conducted; and
	(B) in a county with a population of more than two
	million;
	(4) in an area designated as an industrial district
	under Section 42.044; [or]
	(5) in an area subject to a strategic partnership
	agreement entered into under Section 43.0751; or
	(6) for the extraterritorial jurisdiction of a
	municipality located in four or more counties, one of which has a
	population of 2.1 million or more and is adjacent to a county with a
	population of 2.6 million or more:
	(A) in an area subject to an active development
	agreement entered into under Section 212.172 with the municipality;
	(B) in a platted or unplatted lot of less than 12
	acres unless included with the other land in a petition for release
	under Section 42.152; or
	(C) within a platted subdivision of 25 or more
	lots if the area is a single lot.
	SECTION 4. Section 42.152, Local Government Code, is
	amended by amending Subsection (a) and adding Subsection (d) to
	read as follows:
	(a) A resident of an area in a municipality's
	extraterritorial jurisdiction may request the municipality to hold
	an election in accordance with this subchapter to vote on the
	question of whether to release the area from the municipality's
	extraterritorial jurisdiction by filing with the municipality a
	petition that includes the signatures of at least five percent of
	the registered voters residing in the area as of the date of the
	preceding uniform election date. A resident may only file for
	release of an area if the resident resides in the area subject to
	the release.
	(d) If a municipality receives a petition under this
	section, the municipality shall provide notice of the petition to
	the residents and landowners of the area described by the petition.
	The municipality shall provide the notice not later than the
	seventh business day after the date the municipality receives the
	petition.
	SECTION 5. Subchapter E, Chapter 42, Local Government Code,
	is amended by adding Section 42.157 to read as follows:
	Sec. 42.157. OPT OUT OF REMOVAL. Before an area is released
	from a municipality's extraterritorial jurisdiction under this
	subchapter, a landowner in the area to be released must be provided
	the opportunity to have the landowner's property remain within the
	municipality's extraterritorial jurisdiction.
	SECTION 6. The changes in law made by this Act apply only to
	the eligibility of an area to be released from a municipality's
	extraterritorial jurisdiction as the result of a petition filed
	under Subchapter D, Chapter 42, Local Government Code, or an
	election requested under Subchapter E of that chapter, as
	applicable, on or after the effective date of this Act.
	SECTION 7. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 23, 2025

TO:	Honorable Gary Gates, Chair, House Committee on Land & Resource Management

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB2512 by Geren (Relating to release of an area from a municipality's extraterritorial jurisdiction by petition or election.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, SZ, BC, CWi

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Frequently Asked Questions

Common questions about HB2512

What does Texas HB2512 do?

HB2512 imposes immediate restrictions on the ability of landowners to petition for release from a municipality’s Extraterritorial Jurisdiction (ETJ), creating strict geographic exclusions for areas near military bases, industrial districts, and properties subject to Strategic Partnership Agreements. The law mandates a new 7-day notice deadline for municipalities and creates a statutory "opt-out" right for individual landowners who wish to remain in the ETJ despite a broader area petition. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Who authored HB2512?

HB2512 was authored by Texas Representative Charlie Geren during the Regular Session.

When was HB2512 signed into law?

HB2512 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB2512?

HB2512 is enforced by Municipalities (City Secretaries/Planning Departments).

How urgent is compliance with HB2512?

The compliance urgency for HB2512 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB2512?

The cost impact of HB2512 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB2512 address?

HB2512 addresses topics including city government, city government--annexation and platting.

Legislative data provided by LegiScanLast updated: November 25, 2025

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