Tex. Local Gov't Code Section 214.0012
Judicial Review


(a)

Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of a municipality issued under Section 214.001 (Authority Regarding Substandard Building) may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lienholder, or mortgagee within 30 calendar days after the respective dates a copy of the final decision of the municipality is personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by the United States Postal Service using signature confirmation service, or such decision shall become final as to each of them upon the expiration of each such 30 calendar day period.

(b)

On the filing of the petition, the court may issue a writ of certiorari directed to the municipality to review the order of the municipality and shall prescribe in the writ the time within which a return on the writ must be made, which must be longer than 10 days, and served on the relator or the relator’s attorney.

(c)

The municipality may not be 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 of parts of the papers as may be called for by the writ.

(d)

The return must concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(e)

The issuance of the writ does not stay proceedings on the decision appealed from.

(f)

Appeal in the district court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.

(g)

Costs may not be allowed against the municipality.

(h)

If the decision of the municipality is affirmed or not substantially reversed but only modified, the district court shall allow to the municipality all attorney’s fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, lienholders, or mortgagees as well as all persons subject to the proceedings before the municipality.

(i)

An appeal under this section for an action in which a municipality with a population of 500,000 or more is a party is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure. The district court shall render its final order or judgment with the least possible delay.
Added by Acts 1993, 73rd Leg., ch. 836, Sec. 11, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 413, Sec. 12, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 370 (S.B. 352), Sec. 4, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1273 (H.B. 36), Sec. 4, eff. June 14, 2019.

Source: Section 214.0012 — Judicial Review, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­214.­htm#214.­0012 (accessed Mar. 23, 2024).

214.001
Authority Regarding Substandard Building
214.002
Requiring Repair, Removal, or Demolition of Building or Other Structure
214.003
Receiver
214.004
Seizure and Sale of Property to Recover Expenses
214.005
Property Bid Off to Municipality
214.0011
Additional Authority to Secure Substandard Building
214.011
Plumbing Inspector
214.0012
Judicial Review
214.012
Sewers and Plumbing
214.013
Sewer Connections
214.014
Drains, Sinks, and Privies
214.0015
Additional Authority Regarding Substandard Building
214.015
Seizure and Sale of Property to Recover Expenses
214.0031
Additional Authority to Appoint Receiver for Hazardous Properties
214.101
Authority Regarding Swimming Pool Enclosures
214.102
Seizure and Sale of Property to Recover Expenses
214.103
International Swimming Pool and Spa Code
214.00111
Additional Authority to Preserve Substandard Building as Historic Property
214.131
Definitions
214.132
Building Lines Authorized
214.133
Activity Prohibited Within Building Line
214.134
Resolution or Ordinance
214.135
Condemnation of Easements and Interests
214.136
Condemnation of Property
214.161
Municipality Covered by Subchapter
214.162
Definitions
214.163
Permit Application Requirements
214.164
Filing of Plat and Restrictions
214.165
Repairs
214.166
Injunction
214.167
Review of Refusal to Issue Permit
214.168
Void Permits
214.191
Definitions
214.192
Categories of Alarm Systems
214.193
Duration of Municipal Permit
214.194
Municipal Permit Fee Generally
214.195
Nonrenewal or Revocation of Permit and Termination of Municipal Response
214.196
On-site Inspection Required
214.197
Penalties for False Alarms
214.198
Verification
214.199
Exception of Municipality from Alarm System Response
214.200
Priority or Level of Response Not Affected
214.201
Definitions
214.202
Categories of Alarm Systems
214.203
Duration of Municipal Permit
214.204
Municipal Permit Fee Generally
214.205
Nonrenewal or Revocation of Permit
214.206
On-site Inspection Required
214.207
Penalties for False Alarms
214.208
Procedures for Reducing False Alarms
214.209
Exception of Municipality from Alarm System Response
214.210
Priority or Level of Response Not Affected
214.211
Definitions
214.212
International Residential Code
214.213
Exceptions
214.214
National Electrical Code
214.215
Adoption of Rehabilitation Codes or Provisions
214.216
International Building Code
214.217
Notice Regarding Model Code Adoption or Amendment in Certain Municipalities
214.218
Immediate Effect of Certain Codes or Provisions Delayed
214.219
Minimum Habitability Standards for Multi-family Rental Buildings in Certain Municipalities
214.220
Inspection During Declared Disaster
214.221
Regulation of Solar Pergolas
214.231
Definitions
214.232
Presumption of Vacancy
214.233
Registration
214.234
Form
214.901
Energy Conservation
214.902
Rent Control
214.903
Fair Housing Ordinances
214.904
Time for Issuance of Municipal Building Permit
214.905
Prohibition of Certain Municipal Requirements Regarding Sales of Housing Units or Residential Lots
214.906
Regulation of Manufactured Home Communities
214.907
Prohibition on Certain Value-based Building Permit and Inspection Fees
214.908
Reauthorization of Building Permit Fees
214.1915
Applicability
214.1955
Multiunit Housing Facilities
214.2015
Applicability
214.2055
Multiunit Housing Facilities
214.2105
Exclusion of Certain Alarm Systems by Owner

Accessed:
Mar. 23, 2024

§ 214.0012’s source at texas​.gov