In Texas, unincorporated areas are geographic regions that do not lie within the corporate limits of a city or town. These areas lack a municipal charter and therefore do not have an elected city council, mayor, or the full suite of local ordinances typically associated with incorporated municipalities. Governance and service provision in such areas fall primarily to county governments and special-purpose districts authorized under state law.
While often rural in character, many unincorporated areas in Texas are suburban or semi-urban due to population growth beyond city limits. Their legal status reflects both constitutional limitations on county authority and a long-standing Texas preference for local autonomy.
The Texas Constitution and statutes grant counties only limited powers compared to municipalities. Under Article V, Section 18 of the Texas Constitution, each county is administered by a commissioners court composed of four commissioners and a county judge. This body exercises general administrative authority over unincorporated areas but cannot enact general ordinances unless expressly permitted by law.
In most unincorporated areas, sheriff’s departments provide law enforcement, while road and bridge maintenance falls under the authority of precinct commissioners.
Services and Special Districts
Because they fall outside municipal jurisdiction, unincorporated areas typically do not receive municipal services such as water, sewer, sanitation, fire protection, or police patrols. These services are either self-managed or provided by special-purpose entities created under state law.
Common types of districts include:
- Municipal Utility Districts (MUDs) – Created under Water Code Chapter 54, these districts provide water, sewer, drainage, and other infrastructure.
- Emergency Services Districts (ESDs) – Authorized under Health and Safety Code Chapter 775, these districts fund fire protection and emergency medical services.
- Water Control and Improvement Districts (WCIDs) – Created under Water Code Chapter 51, WCIDs are often used for drainage and flood control.
These entities have independent taxing authority and may issue bonds to fund capital improvements. They are governed by boards of directors elected by local residents or appointed in accordance with enabling legislation. In effect, they form a parallel layer of governance in unincorporated areas—delivering services traditionally provided by cities but without general police power.
Zoning and Land Use
Unlike cities, counties may not adopt comprehensive zoning ordinances. Regulatory authority in unincorporated areas is narrow and generally restricted to subdivision plats, public health, septic systems, floodplain development, limited nuisance abatement, and road maintenance.
Statutory authority for these regulatory functions is found principally in Local Government Code Chapter 232 (subdivisions), Chapter 233 (building codes), and Health and Safety Code Chapter 343 (public nuisances). These powers are limited in scope and much narrower than municipal powers.
Consequently, unincorporated areas are often attractive to landowners and developers seeking flexibility in construction, land use, or signage without the constraints of municipal zoning. This regulatory gap has led to concerns in rapidly developing counties about incompatible land uses, lack of infrastructure planning, and limited tools to manage growth.
Taxation and Fiscal Considerations
Residents of unincorporated areas do not pay municipal property taxes. They are, however, subject to county property taxes, as well as property taxes levied by applicable special districts. The resulting tax burden may be lower than that of a comparable property in city limits, though this is offset by reduced access to public infrastructure and services.
Because counties must spread their resources over vast territories, road maintenance, law enforcement, and emergency services may be slower or less comprehensive in unincorporated areas. Residents often rely on private wells, septic systems, propane tanks, private roads, and volunteer fire departments.
Public education is usually provided by rural school districts, which are independent political subdivisions.
Extraterritorial Jurisdiction (ETJ)
An important feature of unincorporated governance in Texas is the extraterritorial jurisdiction (ETJ) granted to cities. Under Local Government Code Chapter 42, each incorporated municipality may exert limited planning and regulatory authority over unincorporated areas adjacent to its boundaries. The size of the ETJ depends on the city’s population and may range from one-half mile to five miles.
Cities may enforce subdivision ordinances, certain signage restrictions, and development regulations within their ETJs, even though residents have no representation in the city’s government. This framework allows cities to shape future growth and infrastructure development, but it has also been criticized as undemocratic.
In 2023, Senate Bill 2038 amended Chapter 42 to allow landowners and residents to petition for release from ETJs through an election process, signaling growing political resistance to unaccountable oversight by municipalities.
Incorporation and Annexation
Some unincorporated areas eventually incorporate to gain local control over land use, service delivery, and tax revenues. This process is governed by Local Government Code Chapter 7, which outlines requirements for petitions, elections, and transition to municipal governance. However, incorporation is often discouraged by concerns over tax burdens, administrative complexity, and voter opposition.
Conversely, cities may annex unincorporated territory into their boundaries—though recent reforms have curtailed involuntary annexation. Under Senate Bill 6 (85R, 1st Special Session) and subsequent legislation, most cities must now obtain consent from affected residents via election.
