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A BILL TO BE ENTITLED
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AN ACT
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relating to rules of and appeals to a municipal board of adjustment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 211.008(e), Local Government Code, is |
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amended to read as follows: |
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(e) The board by majority vote shall adopt rules in |
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accordance with any ordinance adopted under this subchapter and |
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with the approval of the governing body. Meetings of the board are |
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held at the call of the presiding officer and at other times as |
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determined by the board. The presiding officer or acting presiding |
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officer may administer oaths and compel the attendance of |
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witnesses. All meetings of the board shall be open to the public. |
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SECTION 2. Section 211.010, Local Government Code, is |
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amended by amending Subsections (a), (b), and (d) and adding |
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Subsection (a-1) to read as follows: |
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(a) Except as provided by Subsection (e), any of the |
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following persons may appeal to the board of adjustment a decision |
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made by an administrative official that is not related to a specific |
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application, address, or project: |
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(1) a person aggrieved by the decision; or |
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(2) any officer, department, board, or bureau of the |
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municipality affected by the decision. |
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(a-1) Except as provided by Subsection (e), any of the |
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following persons may appeal to the board of adjustment a decision |
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made by an administrative official that is related to a specific |
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application, address, or project: |
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(1) a person who: |
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(A) filed the application that is the subject of |
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the decision; |
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(B) is the owner or representative of the owner |
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of the property that is the subject of the decision; or |
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(C) is aggrieved by the decision and is the owner |
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of real property within 200 feet of the property that is the subject |
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of the decision; or |
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(2) any officer, department, board, or bureau of the |
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municipality affected by the decision. |
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(b) The appellant must file with the board and the official |
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from whom the appeal is taken a notice of appeal specifying the |
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grounds for the appeal. The appeal must be filed not later than the |
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20th day after the date the decision is made [within a reasonable
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time as determined by the rules of the board]. On receiving the |
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notice, the official from whom the appeal is taken shall |
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immediately transmit to the board all the papers constituting the |
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record of the action that is appealed. |
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(d) The board shall set a reasonable time for the appeal |
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hearing and shall give public notice of the hearing and due notice |
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to the parties in interest. A party may appear at the appeal |
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hearing in person or by agent or attorney. The board shall decide |
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the appeal at the next meeting for which notice can be provided |
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following the hearing and not later than the 60th day after the date |
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the appeal is filed [within a reasonable time]. |
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SECTION 3. (a) Section 211.008(e), Local Government Code, |
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as amended by this Act, applies only to rules adopted by a municipal |
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board of adjustment on or after the effective date of this Act. |
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(b) Section 211.010(a), Local Government Code, as amended |
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by this Act, applies only to an appeal based on a decision made by an |
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administrative official on or after the effective date of this Act. |
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An appeal based on a decision made by an administrative official |
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before the effective date of this Act is governed by the law in |
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effect on the date the decision was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |