Bill Text: TX HB2497 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to rules of and appeals to a municipal board of adjustment.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB2497 Detail]
Download: Texas-2019-HB2497-Engrossed.html
Bill Title: Relating to rules of and appeals to a municipal board of adjustment.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB2497 Detail]
Download: Texas-2019-HB2497-Engrossed.html
86R22618 MP-F | ||
By: Cyrier, Israel, Cole, Rodriguez, Krause | H.B. No. 2497 |
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relating to rules of and appeals to a municipal board of adjustment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 211.008(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) The board by majority vote shall adopt rules in | ||
accordance with any ordinance adopted under this subchapter and | ||
with the approval of the governing body. Meetings of the board are | ||
held at the call of the presiding officer and at other times as | ||
determined by the board. The presiding officer or acting presiding | ||
officer may administer oaths and compel the attendance of | ||
witnesses. All meetings of the board shall be open to the public. | ||
SECTION 2. Section 211.010, Local Government Code, is | ||
amended by amending Subsections (a), (b), and (d) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) Except as provided by Subsection (e), any of the | ||
following persons may appeal to the board of adjustment a decision | ||
made by an administrative official that is not related to a specific | ||
application, address, or project: | ||
(1) a person aggrieved by the decision; or | ||
(2) any officer, department, board, or bureau of the | ||
municipality affected by the decision. | ||
(a-1) Except as provided by Subsection (e), any of the | ||
following persons may appeal to the board of adjustment a decision | ||
made by an administrative official that is related to a specific | ||
application, address, or project: | ||
(1) a person who: | ||
(A) filed the application that is the subject of | ||
the decision; | ||
(B) is the owner or representative of the owner | ||
of the property that is the subject of the decision; or | ||
(C) is aggrieved by the decision and is the owner | ||
of real property within 200 feet of the property that is the subject | ||
of the decision; or | ||
(2) any officer, department, board, or bureau of the | ||
municipality affected by the decision. | ||
(b) The appellant must file with the board and the official | ||
from whom the appeal is taken a notice of appeal specifying the | ||
grounds for the appeal. The appeal must be filed not later than the | ||
20th day after the date the decision is made [ |
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notice, the official from whom the appeal is taken shall | ||
immediately transmit to the board all the papers constituting the | ||
record of the action that is appealed. | ||
(d) The board shall set a reasonable time for the appeal | ||
hearing and shall give public notice of the hearing and due notice | ||
to the parties in interest. A party may appear at the appeal | ||
hearing in person or by agent or attorney. The board shall decide | ||
the appeal at the next meeting for which notice can be provided | ||
following the hearing and not later than the 60th day after the date | ||
the appeal is filed [ |
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SECTION 3. (a) Section 211.008(e), Local Government Code, | ||
as amended by this Act, applies only to rules adopted by a municipal | ||
board of adjustment on or after the effective date of this Act. | ||
(b) Section 211.010(a), Local Government Code, as amended | ||
by this Act, applies only to an appeal based on a decision made by an | ||
administrative official on or after the effective date of this Act. | ||
An appeal based on a decision made by an administrative official | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the decision was made, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. |