Bill Text: TX HB1475 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to municipal board of adjustment zoning variances based on unnecessary hardship.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-07 - Effective on 9/1/21 [HB1475 Detail]
Download: Texas-2021-HB1475-Enrolled.html
| H.B. No. 1475 | ||
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| relating to municipal board of adjustment zoning variances based on | ||
| unnecessary hardship. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 211.009, Local Government Code, is | ||
| amended by adding Subsection (b-1) to read as follows: | ||
| (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. | ||
| SECTION 2. Section 211.009(b-1), Local Government Code, as | ||
| added by this Act, applies only to an appeal filed with a municipal | ||
| board of adjustment on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1475 was passed by the House on May 8, | ||
| 2021, by the following vote: Yeas 133, Nays 6, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1475 was passed by the Senate on May | ||
| 24, 2021, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
