By Jeff Wentworth
Guest Commentary

On July 16, the Senate Committee on Jurisprudence, which I chair, traveled to the University of Texas-Pan American in Edinburg where witnesses from both the public and private sector addressed the issue of extraterritorial jurisdiction.                

The meeting in Edinburg was the result of an interim charge given to the Jurisprudence Committee by Lt. Gov. David Dewhurst.  The charge directed the committee to review the administrative and legal procedures used by municipalities to exert regulatory authority beyond city limits and extraterritorial jurisdiction. 

While the majority of the testimony we heard focused on Houston and its environs, most metropolitan areas and the cities that adjoin them have or will experience problems when activities outside the extraterritorial jurisdiction negatively impact a municipality and its residents.

According to witnesses, companies operating outside of Houston are not voluntarily following air toxin guidelines issued by the Texas Commission on Environmental Quality (TCEQ).  As a result, companies operating outside of Houston are contributing to air pollution levels in that city.

Determining the extent of a city’s authority over the area adjacent to it is an issue that would appear to hold little interest for anyone who is not involved in federal, state or local government.  When a broad concept becomes a specific incident, however, the issue’s importance becomes crystal clear.

As Texas’ major cities continue to grow and more industry moves to our state, I expect that air pollution abatement is going to become an even bigger issue for companies which operate outside a city’s extraterritorial jurisdiction.

The committee’s charge also included determining whether conflicts exist with agencies’ regulatory authority and regulatory authority delegated to home-rule municipalities, and making recommendations for appropriate delegation and clarification of respective authorities.

During last year’s regular session, a bill was filed to limit extraterritorial jurisdiction and the ability of municipalities to exert regulatory authority beyond city limits.  This bill, which focused solely on a municipality’s right to regulate air pollution outside of its city limits, failed to pass.

In addition to the pollution abatement issue, the committee heard testimony regarding the statutory authority of local government to regulate development.        

The Committee on Jurisprudence’s next meeting will be at 11 a.m., Tuesday, in San Antonio in the City Council chambers.  At that time, the committee will hear testimony regarding the authority, power and discretion of probate judges in Texas, including the authority of a probate judge to intervene in a non-probate case.

The meeting is open to the public, and while you may not want to testify, it would be an excellent opportunity for you to observe representative democracy in action.

Texas State Sen. Jeff Wentworth (R-San Antonio) represents District 25, which includes part of Bexar County. He can be reached via e-mail This e-mail address is being protected from spam bots, you need JavaScript enabled to view it