AUSTIN - No jurisdiction without representation. That was the message the Texas Public Policy Foundation successfully communicated when filing a landmark lawsuit on behalf of its clients to eliminate governmental overreach by cities over citizens not living within city limits.
“For too long, these city governments have been able to regulate people and property outside their borders under extraterritorial jurisdiction (ETJ), trapping residents under a city council they did not and cannot vote for,” TPPF said when announcing the lawsuit back in May 2022.
“This regulation without representation is not only wrong, it violates the Texas Constitution and must come to an end.”
On July 7, more than three years after filing the suit, TPPF declared victory in the ETJ fight, as plaintiffs Shana Elliott and Larry Kalke successfully petitioned for removal from their ETJ, effective Aug. 4, 2025.
The Texas Supreme Court issued a ruling on May 9 affirming that Texans may opt out of an ETJ.
"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."
The case highlighted 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 claimed the 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,” TPPF said in its announcement.
