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over these petitions, but the statute upon which the court's decision was based (Article 1909, V.T.C.S.) was repealed in 1985, and recodified as Section 24.019 (Expenses of District Judge), Government Code, which offers no guidance with respect to the meaning of "court of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.