Title
Consider a memorandum/resolution approving a petition submitted by James Rich, requesting release from the City of Killeen Extraterritorial Jurisdiction (ETJ) for approximately 6.5 acres of land being Lots 3 and 4, Block 1, out of D.W. Wallace Addition. The subject properties are generally located southwest of the intersection of Farm-to-Market Highway No. 2484 and Brewer Road, Salado, Texas.
Body
DATE: June 2, 2026
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Exec. Dir. Of Dev. Serv.
SUBJECT: Petition requesting release from the Extraterritorial Jurisdiction
BACKGROUND AND FINDINGS:
During the 2023 Legislative Session, the Texas Legislature passed Senate Bill (S.B.) 2038, which amended Texas Local Government Code (TLGC) Chapter 42 to allow the owner(s) of property located within the extraterritorial jurisdiction (ETJ) of a municipality to petition that municipality for release from the ETJ. This amendment became effective on September 1, 2023.
On April 29, 2026, staff received a petition for release from the ETJ from James Rich, the owner of the subject properties.
With the adoption of S.B. 2038, TLGC Chapter 42 now requires the municipality to release the area from the ETJ if the landowner obtains the required number of signatures on the petition. Furthermore, TLGC Sec. 42.104(d) states: “If a municipality fails to take action to release the area […] by the later of the 45th day after the date the municipality receives the petition or the next meeting of the municipality's governing body that occurs after the 30th day after the date the municipality receives the petition, the area is released by operation of law.”
TLGC Sec. 42.023 provides that 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.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
This item conforms to all applicable City policy.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
This is not applicable.
Is this a one-time or recurring revenue/expenditure?
This is not applicable.
Is this revenue/expenditure budgeted?
This is not applicable.
If not, where will the money come from?
This is not applicable.
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
This is not applicable.
RECOMMENDATION:
Staff recommends that the City Council approve the petition requesting release from the ETJ in accordance with Chapter 42 of the Texas Local Government Code.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Petitions
Maps
Deed
Presentation