AG Opinion: Building Infrastructure in ETJs

New AG opinion on the horizon to guide local government show to build infrastructure in ETJs.

Collin County is asking the Attorney General to specifically clarify :

1. May a home-rule municipality impose its building, fire and construction- related codes in its extraterritorial jurisdiction (ETJ) assuming its ordinances relating to such codes extend their application into the ETJ?

2. Assuming the answer to the above question is “yes”, may a home-rule municipality and a county include in their subdivision plat approval agreement entered into under chapter 242 of the Local Government Code, provisions which authorize the home rule municipality to enforce its building, fire and construction-related codes in lieu of any conflicting, less- stringent county regulations, namely the county’s fire code? 

Opinion Request RQ-0023-KP