Key Existing Texas Legislation / Laws

Texas Local Government Code Chapter 211, Municipal Zoning Authority, aka "The Petition Law"

Texas Local Government Code, Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES, SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY, CHAPTER 211. MUNICIPAL ZONING AUTHORITY, SUBCHAPTER A. GENERAL ZONING REGULATIONS.

This law has also been called "The Petition Law."

Sec. 211.006

Subsection (d). If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the governing body. The protest must be written and signed by the owners of at least 20 percent of either:

(1) the area of the lots or land covered by the proposed change; or

(2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

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So, what does this mean?

This means that if 20% or more of the actually informed adjacent property owners of the proposed rezoning of a property being considered for a low-income Affordable Housing project, signed a written petition as opposed to the plans, the rezoning authority members have to approve the rezoning by at least three-fourths.

This law actually worked in favor of Texans opposed to low-income government subsidized Affordable Housing being forced into their communities against their will in San Antonio in 2024.

Of course, lame duck San Antonio Mayor Ron Nirenberg, one of the biggest proponents of high density government subsidized "Affordable Housing" being injected into hard-working Texas communities, lambasted the law in October 2024, citing that "The voices of current property owners have higher priority under the valid petition law than the potential tenants or beneficiaries of affordable housing." - San Antonio Report. And of course the author of the article is going to tow the San Antonio City line.

If it's our community Ron, and we've spent the fruits of lives' long labor to earn the ability to live where we do, well....then it's just exactly that Ron: it's our community.

Not yours to play social roulette with through these projects, that bring increased traffic in our thoroughfares, increased enrollment numbers into our local schools, and increase crime into our communities.

Typical progressive and far-left view of the world: "I know what's best for your community and you don't."

So, what happens when nobody knows about the rezoning and plans and intentions?

This is where we need change in the Texas legislature, to force these taxpayer funded subsidized high density low-income Affordable Housing projects, to maximize knowledge and awareness of these plans and intentions through Public Comment windows and what other actions hard-working Texans can take to preserve their communities.

Texas Local Government Code Chapter 42, Extraterritorial Jurisdictions (ETJ)

Texas Local Government Code, Chapter 42, Extraterritorial Jurisdiction of Municipalities. PURPOSE OF EXTRATERRITORIAL JURISDICTION. The legislature declares it the policy of the state to designate certain areas as the extraterritorial jurisdiction of municipalities to promote and protect the general health, safety, and welfare of persons residing in and adjacent to the municipalities.

SB-6 (85th Legislature, 2017)

SB-6 was passed in the 85th legislature in 2017 (Press release from Governor Abbott's office). Although a mix of legislative jargon and might still leave you left wondering after reading, in short, SB-6 prescribes how voters who live outside of a municipality have to vote on whether they want to be annexed into that municipality.

SB-2038 (88th Legislature, 2023)

SB-2038 was passed in the 88th legislature in 2023, that essentially prescribes a path for a geographic area to "de-annex" itself from a municipality, including how an ETJ geographic area can also "de-annex" itself from ETJ status. There is a key catch in this piece of legislation, that hits home in north San Antonio / Bexar County: the de-annexation cannot apply to an area within 5 miles of a military base with "active training." (Wink wink: last I checked, Camp Bullis is a "reserve" base".....probably depends on who could argue better in court.)

Texas Local Government Code Chapter 211, Municipal Zoning Authority

Texas Local Government Code, Title 7, Regulation of Land Use, Structures, Businesses, and Related Activities, Subtitle A, Municipal Regulatory Authority, Chapter 211 Municipal Zoning Authority, Subchapter A, General Zoning Regulations. This law or code governs and enables various functions of municipalities to establish zoning regulations, zoning commissions or boards, and various legalese and concepts related as such.