Texas 2019 - 86th Regular

Texas House Bill HB2497 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2497
	1	+	By: Cyrier, et al. (Senate Sponsor - Hughes) H.B. No. 2497
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2019, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to rules of and appeals to a municipal board of adjustment.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Section 211.008(e), Local Government Code, is
8	14		amended to read as follows:
9	15		(e) The board by majority vote shall adopt rules in
10	16		accordance with any ordinance adopted under this subchapter and
11	17		with the approval of the governing body. Meetings of the board are
12	18		held at the call of the presiding officer and at other times as
13	19		determined by the board. The presiding officer or acting presiding
14	20		officer may administer oaths and compel the attendance of
15	21		witnesses. All meetings of the board shall be open to the public.
16	22		SECTION 2. Section 211.010, Local Government Code, is
17	23		amended by amending Subsections (a), (b), and (d) and adding
18	24		Subsection (a-1) to read as follows:
19	25		(a) Except as provided by Subsection (e), any of the
20	26		following persons may appeal to the board of adjustment a decision
21	27		made by an administrative official that is not related to a specific
22	28		application, address, or project:
23	29		(1) a person aggrieved by the decision; or
24	30		(2) any officer, department, board, or bureau of the
25	31		municipality affected by the decision.
26	32		(a-1) Except as provided by Subsection (e), any of the
27	33		following persons may appeal to the board of adjustment a decision
28	34		made by an administrative official that is related to a specific
29	35		application, address, or project:
30	36		(1) a person who:
31	37		(A) filed the application that is the subject of
32	38		the decision;
33	39		(B) is the owner or representative of the owner
34	40		of the property that is the subject of the decision; or
35	41		(C) is aggrieved by the decision and is the owner
36	42		of real property within 200 feet of the property that is the subject
37	43		of the decision; or
38	44		(2) any officer, department, board, or bureau of the
39	45		municipality affected by the decision.
40	46		(b) The appellant must file with the board and the official
41	47		from whom the appeal is taken a notice of appeal specifying the
42	48		grounds for the appeal. The appeal must be filed not later than the
43	49		20th day after the date the decision is made [within a reasonable
44	50		time as determined by the rules of the board]. On receiving the
45	51		notice, the official from whom the appeal is taken shall
46	52		immediately transmit to the board all the papers constituting the
47	53		record of the action that is appealed.
48	54		(d) The board shall set a reasonable time for the appeal
49	55		hearing and shall give public notice of the hearing and due notice
50	56		to the parties in interest. A party may appear at the appeal
51	57		hearing in person or by agent or attorney. The board shall decide
52	58		the appeal at the next meeting for which notice can be provided
53	59		following the hearing and not later than the 60th day after the date
54	60		the appeal is filed [within a reasonable time].
55	61		SECTION 3. (a) Section 211.008(e), Local Government Code,
56	62		as amended by this Act, applies only to rules adopted by a municipal
57	63		board of adjustment on or after the effective date of this Act.
58	64		(b) Section 211.010(a), Local Government Code, as amended
59	65		by this Act, applies only to an appeal based on a decision made by an
60	66		administrative official on or after the effective date of this Act.
61	67		An appeal based on a decision made by an administrative official
62	68		before the effective date of this Act is governed by the law in
63	69		effect on the date the decision was made, and the former law is
64	70		continued in effect for that purpose.
65	71		SECTION 4. This Act takes effect September 1, 2019.
66		-	______________________________ ______________________________
67		-	President of the Senate Speaker of the House
68		-	I certify that H.B. No. 2497 was passed by the House on May 8,
69		-	2019, by the following vote: Yeas 145, Nays 2, 1 present, not
70		-	voting.
71		-	______________________________
72		-	Chief Clerk of the House
73		-	I certify that H.B. No. 2497 was passed by the Senate on May
74		-	22, 2019, by the following vote: Yeas 31, Nays 0.
75		-	______________________________
76		-	Secretary of the Senate
77		-	APPROVED: _____________________
78		-	Date
79		-	_____________________
80		-	Governor
	72	+	* * * * *