Laserfiche WebLink
development districts. The amendments allow any municipality to create a municipal develop- <br />ment district, and &flow that a municipal development district may include, in whole or in part, a <br />municipality's ETJ. <br />11. The WB" %ne <br />Chapter 243 of the TLOC allows city and county regulation of sexually oriented businesses <br />( 'SOBs"). Most municipal ordinances that regulate SOBS provide dLnance requirements, i.e., <br />requirements that a SOB may not be located within a certain number of feet of a church, school, <br />residentially -zoned area, day care center or other sexually oriented business. (Sec. 243.006 (a)), <br />Section 243.003 (b) of the TLGC specifically, states that'[a)regulation adopted by a municipality <br />applies only inside the municipality's corporate Mmits.' however, after discussion of case law <br />from other states, the Texas Attorney General concluded that even though Section 243.003 of <br />the TLGC does not give extraterritorial effect to an SOB ordinance, Section 243.006(x)(2) of the <br />Ti.GC nonetheless may apply. <br />"A city may apply a municipal ordinance to prohibit a sexually oriented business within a <br />specified distance of a school, church, or other entity covered by Section 243,006 (a) (2) of the <br />TLGC even though that entity is not within the corporate limits of the city in question, so long as <br />the sexually oriented business is wfthIn those limits. Such application does not violate the <br />statutory requirement that the ordinance only apply In the city's corporate limits." <br />Therefore, the distance requirements contained in local SOB ordinances may be enforced, even <br />if the underlying SOB ordinance has no extraterritorial effect. <br />