State Senator Claims City of College Station is Breaking State Law

Endeavors to change interaction with extraterritorial jurisdiction provoke controversy

On Thursday, State Senator Paul Bettencourt from Texas took issue with the City of College Station. The lawmaker asserts that the city is in violation of Senate Bill 2038, a piece of legislation he authored and helped to pass. This law altered how cities can interact with their extraterritorial jurisdiction (ETJ).

Specifically, an ETJ refers to the property located beyond a city’s official parameters where the city can exert some limited authority and planning control. It can extend to approximately five miles from any city border, enabling the city to design for future growth and development.

“A Chance to Own their Property”

According to Senator Bettencourt, the new law is a way for residents to own their property. It permits inhabitants in any city’s ETJ to decide whether they want to maintain their part of it. The senator expressed concern over landowners being stuck for decades due to being in a city’s ETJ that doesn’t plan to annex them. He sees this as an outdated concept leading to a “no man’s zone”.

The Claim against the City of College Station

In a recent social media post, Bettencourt accused the City of College Station of employing a “Sanctuary City-Style Resolution” to hinder the bill’s implementation. He stated that the city council has outright denied any written consent by ordinance, thus refusing to implement the law. According to him, such actions have similarities with sanctuary cities refusing to execute the law.

The State Senator held that the state government has higher authority than the city government and thereby the city’s actions contradict state law. He argues that the new law was written in a manner allowing property owners an opportunity to apply, followed by a city’s review. If the city fails to review within a certain timeframe, then it is automatically granted.

Arising Legal Conflict

However, the City of College Station has disputed these claims. The city maintains that SB 2038 is unconstitutional and clashes with its legislative authority as per the Texas Local Government code. They argue that under the code, ETJ can only be reduced with the city council’s expressed consent.

The city continues to maintain its belief in the law’s unconstitutionality and its clash with Local Government Code Section 42.023. They noted that the constitutionality of the law is the pivotal issue and pledged to follow the law once the legislative body resolves the conflict. Currently, they are engaged in legal proceedings connected to the issue and have rejected several ETJ requests in recent months.

A Potential Lawsuit on the Horizon?

Bettencourt responded to these disputes by suggesting that the city could potentially face a lawsuit for refusing these requests, implying that such actions were “anti-property owner.” He mentioned that around three dozen cities are currently challenging SB 2038 in court. Whether the City of College Station will join them remains to be seen.