By: Talton (Senate Sponsor - Lindsay) H.B. No. 2732
(In the Senate - Received from the House May 1, 2003;
May 7, 2003, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2003, reported favorably by
the following vote: Yeas 5, Nays 0; May 22, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to certain municipal orders required to be filed with the
municipal secretary or clerk.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.039(a), Local Government Code, is
amended to read as follows:
(a) Any owner, lienholder, or mortgagee of record jointly or
severally aggrieved by any decision of a commission panel may
present a petition to a district court, duly verified, setting
forth that the decision is illegal, in whole or in part, and
specifying the grounds of the illegality. The petition must be
presented to the court within 30 calendar days after the date a copy
of the final decision of the commission panel is personally
delivered or mailed by first class mail, certified return receipt
requested, to all persons to whom notice is required to be sent
under Section 54.035. The commission panel shall personally
deliver or mail that copy promptly after the decision becomes
final. In addition, an abbreviated copy of the order shall be
published one time in a newspaper of general circulation in the
municipality within 10 calendar days after the date of the delivery
or mailing of the copy as provided by this subsection, including the
street address or legal description of the property; the date of
the hearing, a brief statement indicating the results of the order,
and instructions stating where a complete copy of the order may be
obtained, and, except in a municipality with a population of 1.9
million or more, a copy shall be filed in the office of the
municipal secretary or clerk.
SECTION 2. Section 214.001(f), Local Government Code, is
amended to read as follows:
(f) Within 10 days after the date that the order is issued,
the municipality shall:
(1) file a copy of the order in the office of the
municipal secretary or clerk, if the municipality has a population
of 1.9 million or less; and
(2) publish in a newspaper of general circulation in
the municipality in which the building is located a notice
containing:
(A) the street address or legal description of
the property;
(B) the date of the hearing;
(C) a brief statement indicating the results of
the order; and
(D) instructions stating where a complete copy of
the order may be obtained.
SECTION 3. This Act takes effect September 1, 2003.
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