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


Office of House Bill AnalysisC.S.H.B. 116
By: Smith
Judicial Affairs
4/19/1999
Committee Report (Substituted)



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 specify the "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based (Article 1909, V.T.C.S.) was repealed in 1985, and recodified as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." 

C.S.H.B. 116 specifies that certain persons are authorized to present
verified petitions to either a district court, county court, or county
court at law.  This 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 authorize
certain persons to present to a district court, county court, or county
court at law, rather than court of record, a verified petition stating that
the decision of the board of adjustment is illegal in whole or in part and
specifying the grounds of illegality. 

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in SECTION 1 by deleting the
proposed definition of "court of record" and removing the proposed
nonsubstantive changes that were made in the original bill regarding who is
authorized to present petitions to the specified courts.   

The substitute modifies the original bill in SECTION 1 by authorizing
certain persons to present to a district court, county court, or county
court at law, rather than court of record, a verified petition stating that
the decision of the board of adjustment is illegal in whole or in part and
specifying the grounds of illegality.