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16 - DISANNEXATION REQUESTS 36TH N.E.
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16 - DISANNEXATION REQUESTS 36TH N.E.
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development districts. The amendments allow any municipality to create a municipal develop- <br />ment district, and allow that a municipal development district may include, in whole or in part, a <br />municipality's FT1. <br />11. The "SOB" Zone <br />Chapter 243 of the TLGC allows city and county regulation of sexually oriented businesses <br />( "SOBs "). Most municipal ordinances that regulate SOBS provide distance 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 limits." 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(a)(2) of the <br />TLGC 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 within 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 />
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