|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the enforcement against violations by a municipality of |
|
certain zoning laws. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 211, Local Government Code, is amended |
|
by adding Subchapter D to read as follows: |
|
SUBCHAPTER D. ENFORCEMENT |
|
Sec. 211.101. ENFORCEMENT OF CHAPTER AGAINST MUNICIPALITY. |
|
(a) A person affected or aggrieved by a municipality's violation of |
|
this chapter may bring an action against the municipality for |
|
mandamus or declaratory or injunctive relief. |
|
(b) A municipality's governmental immunity from suit is |
|
waived in regard to an action under this section. |
|
(c) A court may award court costs and reasonable and |
|
necessary attorney's fees to the prevailing party in an action |
|
under this section. |
|
SECTION 2. Section 211.101, Local Government Code, as added |
|
by this Act, applies to a violation of Chapter 211, Local Government |
|
Code, that occurred before, on, or after the effective date of this |
|
Act except that a final judgment regarding a violation of Chapter |
|
211, Local Government Code, that existed on the effective date of |
|
this Act remains unaffected by this Act. |
|
SECTION 3. This Act takes effect September 1, 2025. |