March 28, 2022 Hood County City ETJ Workshop

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The Hood County Commissioners Court held a special workshop on March 28, 2022, to address concerns regarding extraterritorial jurisdiction (ETJ) agreements between the county and city, which were originally executed in 2008 and may have been affected by 2019 legislative changes. County officials detailed multiple alleged violations of the interlocal agreement by the city and raised jurisdictional questions regarding permitting authority, septic systems, and commercial development standards in the ETJ, while the city attorney emphasized the need to update the 15-year-old agreement and clarified state statutory requirements. A proposed gas station development adjacent to Laguna Trace subdivision and broader confusion among residents and real estate agents about service provision and property regulations in the ETJ illustrated practical challenges arising from jurisdictional ambiguity. The judge indicated that the agreement requires revision and scheduled a joint meeting between city and county officials to negotiate and clarify their respective authorities.

• Meeting notice and agendaThe Hood County Commissioners Court held a special workshop on ETJs (extraterritorial jurisdictions) at the Emergency Operations Center in Cranberry.
• Background on interlocal agreements and 2019 legislative changesThe judge explained the history of city-county ETJ agreements executed in 2008 and how 2019 legislation eliminating forced annexation may have affected their validity.
• Clint Head's criticism of city code and ETJ violationsCounty official Head detailed multiple alleged violations of the interlocal agreement by the city, including code ordinances, development requirements, and density regulation failures.
• Texas Attorney General opinion on city ordinances in ETJsThe county attorney presented a 1997 Texas Attorney General opinion establishing that city powers outside city limits require express or implied statutory authority.
• County commissioner's eight-month discussion on pulling permits from cityCommissioner Wilson stated he had been discussing revising the interlocal agreement with city council members and the mayor for over eight months.
• Laguna Trace HOA concerns about gas station development in ETJDorothy Meador, vice president of Laguna Trace homeowners association, described concerns about a proposed gas station/convenience store development on property adjacent to their subdivision.
• County's septic authority in ETJ despite city designationCounty Head clarified that county retains authority over septic and water wells in the ETJ, and can require site development plans for commercial uses.
• Public procedure question regarding workshop participationCommissioner Samuelson asked that future workshops clarify how the public is supposed to participate, noting that procedures were not clear at this meeting.
• City attorney's response on state statutes and ordinancesThe city attorney responded to the concerns, emphasizing state statute requirements, the need to update the 15-year-old agreement, and the importance of a joint meeting.
• County and city jurisdiction clarification discussionThe court and city attorney discussed the confusion around who has jurisdiction over what in the ETJ, referencing state statute Chapter 212.
• City attorney's recommendation for joint negotiationThe city attorney, speaking as a citizen rather than in official capacity, recommended that city and county sit down to work out confusions around the agreement.
• Judge's assessment and next steps for agreement reviewThe judge summarized the comments and stated that the agreement needs to be looked at and redone, with a joint meeting planned for Wednesday.
• Service provision confusion and citizen accountabilityCitizens and officials discussed the confusion around who provides services in the ETJ and citizens not knowing where to go for needed services.
• ETJ jurisdiction agreements and development authorityParticipants discussed varying jurisdictional arrangements among entities regarding exclusive development authority.
• Real estate agent education on ETJ requirementsThe discussion addressed gaps in real estate agent knowledge regarding property taxes, utilities, and ETJ restrictions affecting property buyers.
• Workshop adjournmentThe workshop was adjourned with an announcement of the next meeting.