AUSTIN – The Texas Public Policy Foundation (TPPF) announced a major victory in its legal challenge against extraterritorial jurisdictions (ETJs), as plaintiffs Shana Elliott and Larry Kalke have successfully petitioned for removal from their ETJ, effective August 4, 2025. The Texas Supreme Court issued a ruling on May 9 affirming that Texans may opt out of an ETJ.
The case highlights how ETJs force residents living outside city limits to adhere to municipal regulations — without receiving city services or having a voice in city elections. TPPF’s lawsuit, filed in May 2022, claimed that this practice violates the Texas Constitution.
TPPF has long argued that ETJs, originally conceived as temporary buffer zones for annexation, became a means for cities to permanently control areas without providing representation. This paves a crucial pathway for individuals across the state of Texas to reclaim their property rights and ensure their voices are heard.
“This is a monumental breakthrough for Texans facing regulation without representation,” said Chance Weldon, Director of Litigation for TPPF’s Center for the American Future. “We are thrilled for our clients and other Texans trapped in similar situations. For too long, ETJs have subjected Texans to regulations and control by municipal officials for whom they cannot vote. This is a win for the constitutional guarantee of a republican form of government.”
For additional background on the case, click here.
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