NW Houston News

In a resounding victory against attempts to curtail property rights, Texas Sen. Paul Bettencourt's (R- Houston) groundbreaking disannexation bill, SB 2038, has advanced, granting property owners the authority to exit municipal extraterritorial jurisdictions (ETJs). Despite staunch opposition, the bill's passage represents a significant stride towards empowering taxpayers and safeguarding property rights. 

"ETJ Deannexation reality reset! Taxpayers in Georgetown, Leander, & statewide should be happy that anti-property rights attempts to stop implementation of my SB 2038 in both cities was wisely stopped yesterday after release of this letter to provisional Attorney General Colmenero!" Bettencourt wrote in an Aug. 18 post on X, formerly Twitter. "Basically, the attempts to create 'faux' industrial districts to overlay old ETJ lines wouldn't have worked and was a vain attempt to stop a bill passed by the legislature."

According to a May 8 press release, in a historic milestone, Sen. Bettencourt's disannexation bill, SB 2038, successfully passed through the Texas Senate and House. The bill, which was approved by the governor, empowers residents and property owners to exit municipal extraterritorial jurisdictions (ETJs) through a comprehensive process involving letters, petitions, and elections. This legislation addresses concerns over unchecked municipal power that led to practices like involuntary annexation, giving Texans greater control over their property rights and representation in governing regulations.

The issue arose from Texas cities gaining broader authority to establish rules for public health and safety, causing unintended potential for misuse, according to the press release. This concern peaked with involuntary annexations, where cities absorbed surrounding land without the consent of the affected residents. These individuals had to abide by city rules without participating in rule-making, voting on regulations, or influencing elected officials. To address this, Sen. Bettencourt championed SB 2038, which introduces a comprehensive disannexation process that empowers citizens and property owners to exit municipal extraterritorial jurisdictions using methods like written communications, formal petitions, and elections. This move aims to restore property rights and citizen influence over governing regulations.

Recently, the Texas Legislature implemented significant annexation reforms, exemplified by the 2019 passage of HB 347, which ended forced annexation and mandated voter approval for municipal land annexations. Rep. Mike Schofield, a co-author of the companion House Bill 5217, collaborated extensively on these matters with Rep. Cecil Bell, who sponsored SB 2038. Their shared sentiment of "No Regulation without Representation" underscored the importance of citizen involvement. Yet, existing regulations lack a direct method for Texas residents to exit a municipality's extraterritorial jurisdiction (ETJ) that no longer suits them.

Recent efforts to impede the bill's progress, which sought to prevent the implementation of the legislation and its potential impact on property rights, were met with an intervention. These attempts, aimed at curbing property rights, were effectively quashed after a letter was sent to the provisional Attorney General Colmenero asking for immediate emergency guidance to advise municipalities of SB 2038.