reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 204 - Microfilming of Records › Section 204.010. Commercial Microfilm Storage Facilities

Sec. 204.010.  COMMERCIAL MICROFILM STORAGE FACILITIES.  (a)  The commission may establish a program for the certification of commercial microfilm storage facilities for the storage of the master microfilm negatives of local government records.
(b)  If the commission establishes a certification program, the procedures of this subsection apply.  On request by the commercial storage facility, the director and librarian or the representative of the director and librarian shall inspect the facility to determine if the facility meets the minimum standards established by the commission under Section 204.004 for the storage of the microfilm of local government records.  If the commercial storage facility meets the minimum standards established by the commission, the name of the facility shall be added to a list of certified storage facilities to be prepared by the director and librarian and made available on request to a local government, elected county officer, or other interested party.  The inspection and certification of commercial storage facilities shall be on a fee basis to be determined by the commission.
(c)  The commission shall determine the period a certification made under this section is effective.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 204 - Microfilming of Records › Section 204.011. Effective as Original Record

Sec. 204.011.  EFFECTIVE AS ORIGINAL RECORD.  (a)  A microfilmed record created in compliance with this chapter and rules adopted under it, including microfilm validated by Section 204.003, is an original record and shall be accepted by any court or administrative agency of this state.
(b)  If issued and certified by a local government recordkeeper, a copy on paper or film of a microfilmed record shall be accepted by a court or administrative agency of this state as a certified copy of an original record.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 205 - Electronic Storage of Records › Section 205.001. Definitions

Sec. 205.001.  DEFINITIONS.  In this chapter:
(1)  "Electronic storage" means the maintenance of local government record data in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk, or similar machine-readable medium.
(2)  "Local government record data" means the information that by law, regulation, rule of court, ordinance, or administrative procedure in a local government comprises a local government record as defined by Section 201.003.
(3)  "Source document" means the local government record from which local government record data is obtained for electronic storage.  The term does not include backup copies of the data in any media generated from electronic storage.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 205 - Electronic Storage of Records › Section 205.002. Authorization

Sec. 205.002.  AUTHORIZATION.  Any local government record data may be stored electronically in addition to or instead of source documents in paper or other media, subject to the requirements of this chapter and rules adopted under it.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 205 - Electronic Storage of Records › Section 205.003. Standards and Procedures to Be Adopted

Sec. 205.003.  STANDARDS AND PROCEDURES TO BE ADOPTED.  (a)  The commission shall adopt rules establishing standards and procedures for the electronic storage of any local government record data of permanent value and may adopt rules establishing standards and procedures for the electronic storage of any local government record data whose retention period is at least 10 years on a records retention schedule issued by the commission.  The rules must be approved as required by Section 441.165, Government Code.
(b)  With regard to the types of local government record data covered by Subsection (a), the rules may require or prescribe:
(1)  standards and procedures for the generation of backup or preservation copies of the local government record data on paper, microfilm, electronic, or other approved media;
(2)  standards and procedures for the recopying or duplication of the magnetic tape, optical disk, or similar machine-readable medium on which the local government record data are stored;
(3)  standards and procedures for the physical storage and maintenance of magnetic tapes, optical disks, or similar machine-readable media;
(4)  standards and procedures for providing access by members of the public to electronically stored local government record data to which they are entitled under law;  and
(5)  other standards and procedures that the commission considers necessary to ensure the availability, readability, or integrity of the local government record data.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 205 - Electronic Storage of Records › Section 205.004. Rules to Be Updated

Sec. 205.004.  RULES TO BE UPDATED.  The director and librarian shall monitor standards and procedures relating to electronic storage developed for use by federal agencies or adopted by national organizations that develop and set standards in the fields of records and information management in order to recommend to the commission any needed amendments to rules.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 205 - Electronic Storage of Records › Section 205.005. Supreme Court Rules

Sec. 205.005.  SUPREME COURT RULES.  This chapter is not intended to conflict with Subchapter I, Chapter 51, Government Code, relating to the electronic filing of certain documents in district and county courts.  The commission shall incorporate any rules adopted under that subchapter into its own.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 205 - Electronic Storage of Records › Section 205.006. Index

Sec. 205.006.  INDEX.  An index to local government record data stored electronically must provide the same information that may be required by state law for an index to the source document, if applicable.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 205 - Electronic Storage of Records › Section 205.008. Destruction of Source Documents

Sec. 205.008.  DESTRUCTION OF SOURCE DOCUMENTS.  (a)  The source document, if any, for electronically stored local government record data covered by rules adopted under Section 205.003(a) may be destroyed or returned to the person who filed it for record.
(b)  The magnetic tape, optical disk, or similar medium containing the local government record data and the hardware and software necessary to provide access to it must be retained by the local government or be available to the local government until the expiration of the retention period for all source documents, subject to the rules adopted under this chapter.
(c)  The source document, if any, for electronically stored local government record data not covered by rules adopted under Section 205.003(a) may be destroyed before the expiration of the retention period for the source document in a records retention schedule issued by the commission if the magnetic tape, optical disk, or similar medium and hardware and software necessary to provide access to local government record data on the media are retained for the retention period in the schedule.  Conversely, the magnetic tape, optical disk, or similar medium may be erased, written over, or destroyed before the expiration of the retention period for a source document for local government record data not covered by rules adopted under Section 205.003(a), if the source document, if any, is retained until the expiration of its retention period or, if the source document has already been destroyed, paper or microfilm copies are generated from the magnetic tape, optical disk, or similar medium before destruction or erasure and retained until the expiration of the retention period for the source document.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 19, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 205 - Electronic Storage of Records › Section 205.009. Denial of Access Prohibited

Sec. 205.009.  DENIAL OF ACCESS PROHIBITED.  A person under contract or agreement with a local government or elected county officer to create, file, or store local government record data electronically or to provide services, equipment, or the means for the creation, filing, or storage, may not, under any circumstances, refuse to provide local government record data to the local government in a timely manner in a format accessible and useable by the local government.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 205 - Electronic Storage of Records › Section 205.010. Security Breach Notification by Local Government

Sec. 205.010.  SECURITY BREACH NOTIFICATION BY LOCAL GOVERNMENT.  (a)  In this section:
(1)  "Breach of system security" has the meaning assigned by Section 521.053, Business & Commerce Code.
(2)  "Sensitive personal information" has the meaning assigned by Section 521.002, Business & Commerce Code.
(b)  A local government that owns, licenses, or maintains computerized data that includes sensitive personal information shall comply, in the event of a breach of system security, with the notification requirements of Section 521.053, Business & Commerce Code, to the same extent as a person who conducts business in this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 419 (H.B. 2004), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.001. Purpose

Sec. 211.001.  PURPOSE.  The powers granted under this subchapter are for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.002. Adoption of Regulation or Boundary Includes Amendment or Other Change

Sec. 211.002.  ADOPTION OF REGULATION OR BOUNDARY INCLUDES AMENDMENT OR OTHER CHANGE.  A reference in this subchapter to the adoption of a zoning regulation or a zoning district boundary includes the amendment, repeal, or other change of a regulation or boundary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.003. Zoning Regulations Generally

Sec. 211.003.  ZONING REGULATIONS GENERALLY.  (a)  The governing body of a municipality may regulate:
(1)  the height, number of stories, and size of buildings and other structures;
(2)  the percentage of a lot that may be occupied;
(3)  the size of yards, courts, and other open spaces;
(4)  population density;
(5)  the location and use of buildings, other structures, and land for business, industrial, residential, or other purposes;  and
(6)  the pumping, extraction, and use of groundwater by persons other than retail public utilities, as defined by Section 13.002, Water Code, for the purpose of preventing the use or contact with groundwater that presents an actual or potential threat to human health.
(b)  In the case of designated places and areas of historical, cultural, or architectural importance and significance, the governing body of a municipality may regulate the construction, reconstruction, alteration, or razing of buildings and other structures.
(c)  The governing body of a home-rule municipality may also regulate the bulk of buildings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 731, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.0035. Zoning Regulations and District Boundaries Applicable to Pawnshops

Sec. 211.0035.  ZONING REGULATIONS AND DISTRICT BOUNDARIES APPLICABLE TO PAWNSHOPS.  (a)  In this section, "pawnshop" has the meaning assigned by Section 371.003, Finance Code.
(b)  For the purposes of zoning regulation and determination of zoning district boundaries, the governing body of a municipality shall designate pawnshops that have been licensed to transact business by the Consumer Credit Commissioner under Chapter 371, Finance Code, as a permitted use in one or more zoning classifications.
(c)  The governing body of a municipality may not impose a specific use permit requirement or any requirement similar in effect to a specific use permit requirement on a pawnshop that has been licensed to transact business by the Consumer Credit Commissioner under Chapter 371, Finance Code.
Added by Acts 1991, 72nd Leg., ch. 687, Sec. 18, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.81, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.004. Compliance With Comprehensive Plan

Sec. 211.004.  COMPLIANCE WITH COMPREHENSIVE PLAN.  (a)  Zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to:
(1)  lessen congestion in the streets;
(2)  secure safety from fire, panic, and other dangers;
(3)  promote health and the general welfare;
(4)  provide adequate light and air;
(5)  prevent the overcrowding of land;
(6)  avoid undue concentration of population;  or
(7)  facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.
(b)  Repealed by Acts 1997, 75th Leg., ch. 459, Sec. 2, eff. Sept. 1, 1997.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 458, Sec. 1, eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 459, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.005. Districts

Sec. 211.005.  DISTRICTS.  (a)  The governing body of a municipality may divide the municipality into districts of a number, shape, and size the governing body considers best for carrying out this subchapter.  Within each district, the governing body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land.
(b)  Zoning regulations must be uniform for each class or kind of building in a district, but the regulations may vary from district to district.  The regulations shall be adopted with reasonable consideration, among other things, for the character of each district and its peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.0075. Compliance With Open Meetings Law

Sec. 211.0075.  COMPLIANCE WITH OPEN MEETINGS LAW.  A board or commission established by an ordinance or resolution adopted by the governing body of a municipality to assist the governing body in developing an initial comprehensive zoning plan or initial zoning regulations for the municipality, or a committee of the board or commission that includes one or more members of the board or commission, is subject to Chapter 551, Government Code, regardless of whether the board, commission, or committee has rulemaking or quasi-judicial powers or functions only in an advisory capacity.
Added by Acts 1993, 73rd Leg., ch. 381, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.008. Board of Adjustment

Sec. 211.008.  BOARD OF ADJUSTMENT.  (a)  The governing body of a municipality may provide for the appointment of a board of adjustment.  In the regulations adopted under this subchapter, the governing body may authorize the board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and in accordance with any applicable rules contained in the ordinance.
(b)  A board of adjustment must consist of at least five members to be appointed for terms of two years.  The governing body must provide the procedure for appointment.  The governing body may authorize each member of the governing body, including the mayor, to appoint one member to the board.  The appointing authority may remove a board member for cause, as found by the appointing authority, on a written charge after a public hearing.  A vacancy on the board shall be filled for the unexpired term.
(c)  The governing body, by charter or ordinance, may provide for the appointment of alternate board members to serve in the absence of one or more regular members when requested to do so by the mayor or city manager.  An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member.  A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members.
(d)  Each case before the board of adjustment must be heard by at least 75 percent of the members.
(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.
(f)  The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote.  The board shall keep records of its examinations and other official actions.  The minutes and records shall be filed immediately in the board's office and are public records.
(g)  The governing body of a Type A general-law municipality by ordinance may grant the members of the governing body the authority to act as a board of adjustment under this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 126, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 724, Sec. 1, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 363, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 820 (H.B. 2497), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.009. Authority of Board

Sec. 211.009.  AUTHORITY OF BOARD.  (a)  The board of adjustment may:
(1)  hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or an ordinance adopted under this subchapter;
(2)  hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so;
(3)  authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done;  and
(4)  hear and decide other matters authorized by an ordinance adopted under this subchapter.
(b)  In exercising its authority under Subsection (a)(1), the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.
(b-1)  In exercising its authority under Subsection (a)(3), the board may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship:
(1)  the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code;
(2)  compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;
(3)  compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;
(4)  compliance would result in the unreasonable encroachment on an adjacent property or easement; or
(5)  the municipality considers the structure to be a nonconforming structure.
(c)  The concurring vote of 75 percent of the members of the board is necessary to:
(1)  reverse an order, requirement, decision, or determination of an administrative official;
(2)  decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance;  or
(3)  authorize a variation from the terms of a zoning ordinance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 126, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 724, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 318 (H.B. 1475), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.010. Appeal to Board

Sec. 211.010.  APPEAL TO BOARD.  (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.  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.
(c)  An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property.  In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.
(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.
(e)  A member of the governing body of the municipality who serves on the board of adjustment under Section 211.008(g) may not bring an appeal under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 363, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 820 (H.B. 2497), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.011. Judicial Review of Board Decision

Sec. 211.011.  JUDICIAL REVIEW OF BOARD DECISION.  (a)  Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:
(1)  a person aggrieved by a decision of the board;
(2)  a taxpayer;  or
(3)  an officer, department, board, or bureau of the municipality.
(b)  The petition must be presented within 10 days after the date the decision is filed in the board's office.
(c)  On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision.  The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court.  Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown.
(d)  The board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal.  The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ.
(e)  If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed.  The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law.  The referee's report constitutes a part of the proceedings on which the court shall make its decision.
(f)  The court may reverse or affirm, in whole or in part, or modify the decision that is appealed.  Costs may not be assessed against the board unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision.
(g)  The court may not apply a different standard of review to a decision of a board of adjustment that is composed of members of the governing body of the municipality under Section 211.008(g) than is applied to a decision of a board of adjustment that does not contain members of the governing body of a municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 363, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 646, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.012. Enforcement; Penalty; Remedies

Sec. 211.012.  ENFORCEMENT;  PENALTY;  REMEDIES.  (a)  The governing body of a municipality may adopt ordinances to enforce this subchapter or any ordinance or regulation adopted under this subchapter.
(b)  A person commits an offense if the person violates this subchapter or an ordinance or regulation adopted under this subchapter.  An offense under this subsection is a misdemeanor, punishable by fine, imprisonment, or both, as provided by the governing body.  The governing body may also provide civil penalties for a violation.
(c)  If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if a building, other structure, or land is used in violation of this subchapter or an ordinance or regulation adopted under this subchapter, the appropriate municipal authority, in addition to other remedies, may institute appropriate action to:
(1)  prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;
(2)  restrain, correct, or abate the violation;
(3)  prevent the occupancy of the building, structure, or land;  or
(4)  prevent any illegal act, conduct, business, or use on or about the premises.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.013. Conflict With Other Laws; Exceptions

Sec. 211.013.  CONFLICT WITH OTHER LAWS;  EXCEPTIONS.  (a)  If a zoning regulation adopted under this subchapter requires a greater width or size of a yard, court, or other open space, requires a lower building height or fewer number of stories for a building, requires a greater percentage of lot to be left unoccupied, or otherwise imposes higher standards than those required under another statute or local ordinance or regulation, the regulation adopted under this subchapter controls.  If the other statute or local ordinance or regulation imposes higher standards, that statute, ordinance, or regulation controls.
(b)  This subchapter does not authorize the governing body of a municipality to require the removal or destruction of property that exists at the time the governing body implements this subchapter and that is actually and necessarily used in a public service business.
(c)  This subchapter does not apply to a building, other structure, or land under the control, administration, or jurisdiction of a state or federal agency.
(d)  This subchapter applies to a privately owned building or other structure and privately owned land when leased to a state agency.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 476, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.014. Panel of Board of Adjustment

Sec. 211.014.  PANEL OF BOARD OF ADJUSTMENT.  (a)  This section applies only to a municipality with a population of 500,000 or more.
(b)  A board of adjustment shall consist of one or more panels of at least five members each to be appointed for terms of two years.  If more than one panel of the board is appointed, the board consists of the regular members of all of the panels.  The board may adopt rules for the assignment of appeals to a panel.
(c)  If the board consists of more than one panel, only one panel may hear, handle, or render a decision in a particular case.  A decision of a panel of the board on a case constitutes the decision of the board.
(d)  Meetings of a panel of the board are held at the call of the presiding officer of the panel and at other times as determined by the panel or the board.
(e)  A panel of a board of adjustment:
(1)  has the powers and duties that a board of adjustment has under Sections 211.008, 211.009, 211.010, and 211.011;  and
(2)  is to be treated as a board of adjustment for purposes of the requirement imposed by Section 211.008(d).
Added by Acts 1993, 73rd Leg., ch. 126, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 12, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 669, Sec. 73, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 24 (S.B. 177), Sec. 1, eff. May 9, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.015. Zoning Referendum in Home-Rule Municipality

Sec. 211.015.  ZONING REFERENDUM IN HOME-RULE MUNICIPALITY.  (a)  Notwithstanding other requirements of this subchapter, the voters of a home-rule municipality may repeal the municipality's zoning regulations adopted under this subchapter by either:
(1)  a charter election conducted under law;  or
(2)  on the initial adoption of zoning regulations by a municipality, the use of any referendum process that is authorized under the charter of the municipality for public protest of the adoption of an ordinance.
(b)  Notwithstanding any procedural or other requirements of this chapter to the contrary, the governing body of a home-rule municipality may on its own motion submit the repeal of the municipality's zoning regulations, as adopted under this chapter, in their entirety to the electors by use of any process that is authorized under the charter of the municipality for a popular vote on the rejection or repeal of ordinances in general.
(c)  The provisions of this chapter shall not be construed to prohibit the adoption or application of any charter provision of a home-rule municipality that requires a waiting period prior to the adoption of zoning regulations or the submission of the initial adoption of zoning regulations to a binding referendum election, or both, provided that all procedural requirements of this chapter for the adoption of the zoning regulation are otherwise complied with.  This subsection does not apply to the adoption of airport zoning regulations under Chapter 241.
(d)  Notwithstanding any charter provision to the contrary, a governing body of a municipality may adopt a zoning ordinance and condition its taking effect upon the ordinance receiving the approval of the electors at an election held for that purpose.
(e)  The provisions of this section may only be utilized for the repeal of a municipality's zoning regulations in their entirety or for determinations of whether a municipality should initially adopt zoning regulations, except the governing body of a municipality may amend, modify, or repeal a zoning ordinance adopted, approved, or ratified at an election conducted pursuant to this section.
(f)  The provisions of this section shall not authorize the repeal of:
(1)  an ordinance approving land-use regulations adopted under the provisions of this chapter by a board of directors of a reinvestment zone under the authority of Section 311.010(c), Tax Code; or
(2)  an ordinance approving airport zoning regulations adopted under Chapter 241.
Added by Acts 1993, 73rd Leg., ch. 126, Sec. 4, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 190 (S.B. 1360), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.016. Zoning Regulation Affecting Appearance of Buildings or Open Space

Sec. 211.016.  ZONING REGULATION AFFECTING APPEARANCE OF BUILDINGS OR OPEN SPACE.  (a)  This section applies only to a zoning regulation that affects:
(1)  the exterior appearance of a single-family house, including the type and amount of building materials;  or
(2)  the landscaping of a single-family residential lot, including the type and amount of plants or landscaping materials.
(b)  A zoning regulation adopted after the approval of a residential subdivision plat does not apply to that subdivision until the second anniversary of the later of:
(1)  the date the plat was approved;  or
(2)  the date the municipality accepts the subdivision improvements offered for public dedication.
(c)  This section does not prevent a municipality from adopting or enforcing applicable building codes or prohibiting the use of building materials that have been proven to be inherently dangerous.
Added by Acts 2003, 78th Leg., ch. 524, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.0165. Designation of Historic Landmark or District

Sec. 211.0165.  DESIGNATION OF HISTORIC LANDMARK OR DISTRICT.  (a)  Except as provided by Subsection (b), a municipality that has established a process for designating places or areas of historical, cultural, or architectural importance and significance through the adoption of zoning regulations or zoning district boundaries may not designate a property as a local historic landmark or include a property within the boundaries of a local historic district unless:
(1)  the owner of the property consents to the designation or inclusion; or
(2)  if the owner does not consent, the designation or inclusion of the owner's property is approved by a three-fourths vote of:
(A)  the governing body of the municipality; and
(B)  the zoning, planning, or historical commission of the municipality, if any.
(a-1)  If a municipality has more than one commission described by Subsection (a)(2)(B), the municipality shall designate one of those commissions as the entity with exclusive authority to approve the designations of properties as local historic landmarks and the inclusion of properties in a local historic district under that paragraph.
(b)  If the property is owned by an organization that qualifies as a religious organization under Section 11.20, Tax Code, the municipality may designate the property as a local historic landmark or include the property in a local historic district only if the organization consents to the designation or inclusion.
(c)  The municipality must provide the property owner a statement that describes the impact that a historic designation or inclusion in a local historic district of the owner's property may have on the owner and the owner's property.  The municipality must provide the statement to the owner not later than the 15th day before the date of the initial hearing on the historic designation or inclusion in a local historic district of the property of:
(1)  the zoning, planning, or historical commission, if any; or
(2)  the governing body of the municipality.
(d)  The historic designation impact statement must include lists of the:
(1)  regulations that may be applied to any structure on the property after the designation;
(2)  procedures for the designation;
(3)  tax benefits that may be applied to the property after the designation; and
(4)  rehabilitation or repair programs that the municipality offers for a property designated as historic.
(e)  The municipality must allow an owner to withdraw consent at any time during the designation process.
Added by Acts 2019, 86th Leg., R.S., Ch. 231 (H.B. 2496), Sec. 1, eff. May 25, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 405 (S.B. 1585), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 405 (S.B. 1585), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.0166. Exclusion From Certain Conservation Districts

Sec. 211.0166.  EXCLUSION FROM CERTAIN CONSERVATION DISTRICTS.  (a)  In this section, "conservation district" means a local preservation district authorized by ordinance by a municipality described by Subsection (b) to preserve, maintain, and protect the physical elements of development and the community character and heritage of neighborhoods having distinctive characteristics and patterns of development.
(b)  This subsection applies only to a property located in a municipality with a population of two million or more. Notwithstanding any other law, this subsection applies regardless of whether the municipality has established a process for designating places or areas of historical, cultural, or architectural importance and significance through the adoption of zoning regulations or zoning district boundaries.  The owner of a property included within the boundaries of a conservation district authorized by ordinance may elect to exclude the property from the district by filing in the real property records for the county in which the property is located an acknowledged statement:
(1)  describing the property by reference to a map or plat of the subdivision; and
(2)  stating that the owner elects to have the property excluded from the district.
(c)  Subsection (b) does not apply to:
(1)  the designation of a property as a local historic landmark described by Section 211.0165(a); or
(2)  the inclusion of a property within the boundaries of a local historic district described by Section 211.0165(a).
(d)  A statement filed under Subsection (b) must be filed before the first anniversary of the date of the inclusion in a conservation district.  The exclusion of a property takes effect on the filing of the statement by the owner of the property.
Added by Acts 2023, 88th Leg., R.S., Ch. 545 (H.B. 4057), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.017. Continuation of Land Use in Newly Incorporated Areas

Sec. 211.017.  CONTINUATION OF LAND USE IN NEWLY INCORPORATED AREAS.  (a)  A municipality incorporated after September 1, 2003, may not prohibit a person from:
(1)  continuing to use land in the area in the manner in which the land was being used on the date of incorporation if the land use was legal at that time;  or
(2)  beginning to use land in the area in the manner that was planned for the land before the 90th day before the effective date of the incorporation if:
(A)  one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use;  and
(B)  a completed application for the initial authorization was filed with the governmental entity before the date of incorporation.
(b)  For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant.
(c)  This section does not prohibit a municipality from imposing:
(1)  a regulation relating to the location of sexually oriented businesses, as that term is defined by Section 243.002;
(2)  a municipal ordinance, regulation, or other requirement affecting colonias, as that term is defined by Section 2306.581, Government Code;
(3)  a regulation relating to preventing imminent destruction of property or injury to persons;
(4)  a regulation relating to public nuisances;
(5)  a regulation relating to flood control;
(6)  a regulation relating to the storage and use of hazardous substances;
(7)  a regulation relating to the sale and use of fireworks;  or
(8)  a regulation relating to the discharge of firearms.
(d)  A municipal ordinance or rule in conflict with this section is void.
Added by Acts 2003, 78th Leg., ch. 279, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Local Government Code, Section 211.016 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(66), eff. September 1, 2005.