86R22618 MP-F
 
  By: Cyrier, Israel, Cole, Rodriguez, Krause H.B. No. 2497
 
  Substitute the following for H.B. No. 2497:
 
  By:  Craddick C.S.H.B. No. 2497
 
 
 
A BILL TO BE ENTITLED
 
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.