HBA-ATS, TYH H.B. 116 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 116
By: Smith
Judicial Affairs
6/2/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Section 211.011 (Judicial Review of Board
Decision), Local Government Code, stated that a person opposing a zoning
board decision was authorized to present a petition to a "court of record"
stating the basis of that person's opposition.  The code did not specify
the "court of record," and this had created confusion regarding the proper
venue for such a petition. 

A Texas appellate court held in 1982 that district courts had jurisdiction
over these petitions, but the statute upon which the court's decision was
based (Article 1909, V.T.C.S.) was repealed in 1985, and recodified as
Section 24.019 (Expenses of District Judge), Government Code, which offers
no guidance with respect to the meaning of "court of record." 

H.B. 116 specifies that certain persons are authorized to present verified
petitions to either a district court, county court, or county court at law. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 211.011(a), Local Government Code, to authorize
certain persons to present to a district court, county court, or county
court at law, rather than to a court of record, a verified petition stating
that the decision of the board of adjustment is illegal in whole or in part
and specifying the grounds of illegality. 

SECTION 2.Emergency clause.
 Effective  date: 90 days after adjournment.