13 - 6055 CLARKSVILLE STREET DISANNEXATION REQUEST

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development dishiest. The amendments allow any municipality to create a municipal develop. ment dlstrict, and allow that a municipal development district may include, in whole or In part, a municipallty's ETJ. 11. N OWIV zone Chapter 243 of the 7LGC allows rRy and county regulation of sexually orkrftd buss WW" (Wb*). Most municipal or imnces that regulate SOBs provide distance requirements; Le., requirements that a SOB may not be located within a certain number of feet of a dwrck school;, residendadirzoned area, day are curter or other sexually oriented business. (Sec. 243J= (a)). Section 243A03 (b) of the TLGC specifically. states that "(ajregulation adopted by a municipality applies only Inside the municipallty's corporate limits." however, after discussion of case law from other states, the Terns Attorney General concluded that even though Section 243.1x13 of the TLGC does not give extratemlorial affact to an SOB ordinance, Section 243Ati6(a)(2) of the TLGC nonetheless may apply. "A city may apply a municipal ordinance to prohibit a sexually oriented business within a spectlied distance of a school, church; or other entity covered by Section 243.006 (a) (2) of the TLGC even though that entity is not within the corporate limits of the dry In question, so long as the sexually oriented business Is within those limas. Such application dues not violate the statutory requirement that the ordinance only apply In the dty's corporate limlts." Therefore, the distance requirements contained in local 500 ordinances may be enforced, even if the underlying SOB ordinance has no extraterritorial effect.