31 Tex. Admin. Code § 2.43 - Requests for Board Hearings

(a) A person may request a board hearing to:

(1) appeal the denial by a political subdivision of a request for rezoning, variance, or other relief; and/or

(2) request the board to consider or revise a development plan or order.

(b) A person shall submit a hearing request in writing to the board chairperson and shall include in that request:

(1) the name, address, and telephone number of the party filing the hearing request and the name(s), address(es), and telephone number(s) of representatives (such as the name of legal counsel, agents, corporate representatives, etcetera) and/or other interested parties, if known;

(2) a concise statement of the facts and circumstances upon which board review is requested;

(3) a concise statement of the specific relief sought; and

(4) a brief description of any exigent or emergency circumstances requiring an emergency hearing, as provided for in the Texas Open Meetings Act, Government Code, Chapter 551, §551.045.

(c) Within ten days following receipt of such request, the board chairperson shall send copies of such request to all other board members. Except as provided in subsection (d) of this section, if, after receiving such request, three or more board members request a hearing by notice in writing to the board chairperson, a hearing shall be scheduled within 60 days following the date the board members' hearing requests were received by the board chairperson.

(d) If such request involves a substantial amendment, the board may not schedule a hearing until the following has occurred.

(1) The division shall submit the request for a substantial amendment to the political subdivision.

(2) The political subdivision shall evaluate the proposed substantial amendment and either accept or reject it, in writing, within four months after submission of the request by the division. If the political subdivision fails to accept or reject the substantial amendment within the four month period, the board shall immediately upon the expiration of such period have jurisdiction to consider the request and may, pursuant to the terms of this subchapter schedule a hearing.

(3) The political subdivision may reject the proposed substantial amendment only on grounds that it does not comply with one or more local ordinances.

(4) If the proposed substantial amendment is rejected, the political subdivision shall specifically identify, in writing, any ordinance with which the substantial amendment conflicts and propose specific modifications that will bring the proposed substantial amendment into compliance with the local ordinance(s).

(5) After a proposed substantial amendment is rejected, the division may modify the proposed substantial amendment to conform to the ordinances specifically identified or apply to the board for rezoning, variance or other relief.

Notes

31 Tex. Admin. Code § 2.43

The provisions of this §2.43 adopted to be effective January 9, 2003, 28 TexReg 479