H.B. No. 2497
AN ACT
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 [within a reasonable
time as determined by the rules of the board]. On receiving the
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 [within a reasonable time].
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2497 was passed by the House on May 8,
2019, by the following vote: Yeas 145, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2497 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor