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Consider a memorandum/resolution approving a petition for release from the City of Killeen Extraterritorial Jurisdiction submitted by Bruce Whitis for approximately 161.33 acres out of the James H. Evitts Survey, Abstract No. 287.
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DATE: October 21, 2025
TO: Kent Cagle, City Manager
FROM: Holli Clements, City Attorney
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 September 11, 2025, staff received a petition for release from the ETJ from Bruce Whitis, the owner of the subject property.
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.
TLGC Sec. 42.101 states that the above provisions do not apply to an area located within five miles of the boundary of a military base at which an active training program is conducted. Military base is defined as a presently functioning federally owned or operated military installation...
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