Tex. Local Gov't Code Section 231.138
Special Exception


(a)

Any of the following persons may petition the commissioners court for a special exception to a zoning regulation adopted by the commissioners court:

(1)

a person aggrieved by the regulation; or

(2)

any officer, department, board, or bureau of the county or of a municipality in the county.

(b)

The commissioners court shall hold a public hearing on the petition and shall publish notice of the hearing before the 15th day before the date of the hearing in a newspaper of general circulation in the county.

(c)

Except as provided by Subsection (d), the commissioners court may grant a petition for a special exception by majority vote.

(d)

If a proposed special exception to a zoning regulation is protested in accordance with this subsection, the proposed special exception must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the commissioners court. The protest must be presented at the hearing and signed by the owners of at least 20 percent of:

(1)

the lots covered by the proposed exception; or

(2)

the lots immediately adjacent to the rear of the lots covered by the proposed exception extending 200 feet from those lots or from the street frontage of the opposite lots.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 53(a), eff. Aug. 28, 1989.

Source: Section 231.138 — Special Exception, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­231.­htm#231.­138 (accessed May 4, 2024).

231.001
Adoption of Regulation or Boundary Includes Amendment or Other Change
231.011
Legislative Findings
231.012
Areas Subject to Regulation
231.013
Zoning Regulations Generally
231.014
Compliance with Comprehensive Plan
231.015
Districts
231.016
Procedures Governing Adoption of Regulations and District Boundaries
231.017
Zoning Commission
231.018
Board of Adjustment
231.019
Authority of Board
231.020
Appeal to Board
231.021
Judicial Review of Board Decision
231.022
Enforcement
231.023
Conflict with Other Laws
231.031
Legislative Findings
231.032
Areas Subject to Regulation
231.033
Zoning Regulations Generally
231.034
Compliance with Comprehensive Plan
231.035
Districts
231.036
Zoning Commission
231.037
Procedure Governing Adoption of Regulations and District Boundaries
231.038
Special Exception
231.039
Enforcement
231.040
Conflict with Other Laws
231.051
Definition
231.052
Establishment of Military Zone
231.053
Regulations
231.054
Penalty
231.071
Purpose
231.072
Definitions
231.073
Lake Covered by Subchapter
231.074
Zoning and Building Construction Ordinances
231.075
Local Option Election
231.076
Petition
231.077
Lake Planning Commission
231.078
Commission Duties
231.079
Commission Studies
231.080
Adoption of Ordinance After Receipt of Report
231.081
Special Exceptions
231.082
Conflict with Other Action
231.083
Enforcement
231.101
Legislative Findings
231.102
Definition
231.103
Lakes Covered by Subchapter
231.104
Zoning and Building Construction Ordinances
231.105
Local Option Election
231.106
Petition
231.107
Lake Planning Commission
231.108
Commission Duties
231.109
Commission Studies
231.110
Adoption of Ordinance After Receipt of Report
231.111
Special Exceptions
231.112
Conflict Between Ordinances
231.113
Enforcement
231.131
Legislative Findings
231.132
Areas Subject to Regulation
231.133
Zoning Regulations Generally
231.134
Compliance with Comprehensive Plan
231.135
Districts
231.136
Zoning Commission
231.137
Procedure Governing Adoption of Regulations and District Boundaries
231.138
Special Exception
231.139
Enforcement
231.140
Conflict with Other Laws
231.141
Regulation of Sam Wahl Recreation Area
231.171
Legislative Findings
231.172
Area Subject to Regulation
231.173
Zoning and Other Regulations Generally
231.174
Compliance with Comprehensive Plan
231.175
Districts
231.176
Commission
231.177
Procedures Governing Adoption of Regulations and District Boundaries
231.178
Board of Adjustment
231.179
Authority of Board
231.180
Appeal to Board
231.181
Judicial Review of Board Decision
231.182
Enforcement
231.183
Conflict with Other Laws
231.201
Definitions
231.202
Lake Somerville Planning Commission
231.203
Commission Studies
231.221
Legislative Findings
231.222
Areas Subject to Regulation
231.223
Development Regulations Generally
231.224
Compliance with County Plan
231.225
Districts
231.226
Procedure Governing Adoption of Regulations and District Boundaries
231.227
Development Commission
231.228
Special Exception
231.229
Enforcement
231.230
Cooperation with Municipalities
231.231
Conflict with Other Laws
231.251
Legislative Findings
231.252
Areas Subject to Regulation
231.253
Falcon Lake Planning Commission
231.254
Commission Study and Report
231.255
Zoning Regulations
231.256
Districts
231.257
Enforcement
231.281
Definitions
231.282
Certain Zoning Regulations Prohibited
231.283
Action for Nuisance or Other Tort

Accessed:
May 4, 2024

§ 231.138’s source at texas​.gov