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Consider a memorandum/resolution approving a petition submitted by Jeff Coffee on behalf of Chester J. Davis requesting release from the City of Killeen Extraterritorial Jurisdiction (ETJ) for approximately 1.819 acres, being part of lot 49 tract, Block 1, Shady Acres Subdivision. The subject property is locally addressed as 21393 Hwy 195, Killeen, Texas.
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DATE: November 17, 2026
TO: Dr. Peoples, 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 October 7, 2026, staff received a petition for release from the ETJ from Chester J. Davis, 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.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
This item conforms to all applicable C...
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