By Smith H.B. No. 116
76R1210 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to judicial review of a decision by a municipal board of
1-3 adjustment.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 211.011(a), Local Government Code, is
1-6 amended to read as follows:
1-7 (a) A person aggrieved by a decision of the board, a
1-8 taxpayer, or an officer, department, board, or bureau of the
1-9 municipality [Any of the following persons] may present to a court
1-10 of record a verified petition stating that the decision of the
1-11 board of adjustment is illegal in whole or in part and specifying
1-12 the grounds of the illegality. In this subsection, "court of
1-13 record" means a district court, county court, county court at law,
1-14 or another court in which a written record of the proceedings
1-15 conducted before the court is maintained as provided by law [:]
1-16 [(1) a person aggrieved by a decision of the board;]
1-17 [(2) a taxpayer; or]
1-18 [(3) an officer, department, board, or bureau of the
1-19 municipality].
1-20 SECTION 2. The importance of this legislation and the
1-21 crowded condition of the calendars in both houses create an
1-22 emergency and an imperative public necessity that the
1-23 constitutional rule requiring bills to be read on three several
1-24 days in each house be suspended, and this rule is hereby suspended.