§ 212.305 — JUDICIAL REVIEW.

Texas § 212.305

• Jurisdiction: Texas
• Code LG: Local Government Code

Text

Sec. 212.305. JUDICIAL REVIEW. (a) Any owner or lienholder of record of a parcel of land aggrieved by a resolution issued under Section 212.303 may file in a district court in the county in which the parcel of land is located a verified petition alleging that the decision is illegal, wholly or partly, and stating with specificity the grounds of the alleged illegality. The petition must be filed by an owner, owner's agent, or lienholder of the parcel of land within 60 calendar days of the resolution. If a petition is not filed within 60 calendar days of the resolution, the resolution shall become final.
(b) On the filing of a petition under Subsection (a), the court may issue a writ of certiorari directed to the municipality to review the resolution of the municipality and shall prescribe in the writ the time within which a return on the writ must be made and served on the relator or the relator's attorney.
(c) The municipality is not required to return the original papers acted on by it, but it is sufficient for the municipality to return certified or sworn copies of the papers or parts of the papers as may be called for by the writ.
(d) Appeal of the municipality's determination under this subchapter shall be conducted under the substantial evidence rule.

Legislative History

Added by Acts 2025, 89th Leg., R.S., Ch. 1007 (S.B. 1579 ), Sec. 1, eff. September 1, 2025.