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


Office of House Bill AnalysisH.B. 116
By: Smith
Judicial Affairs
1/22/1999
Introduced



BACKGROUND AND PURPOSE 

Section 211.011 (Judicial Review of Board Decision) of the Local Government
Code states that a person opposing a zoning board decision may present a
petition stating the basis of their opposition to a "court of record."  The
code does not define "court of record," and this has 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based (Article 1909, V.T.C.S.) was repealed in 1985, and recodified as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." 

House Bill 116 defines "court of record" in a manner that will fairly
distribute the caseload generated by Section 211.011 and will give
litigants the option of filing cases in courts with certain jurisdictional
limits related to the amount in controversy. 

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 define
"court of record" as a district court, county court, county court at law,
or another court in which a written record of the proceedings conducted
before the court is maintained as provided by law.  Makes nonsubstantive
changes. 

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