The bill amends the Local Government Code by adding a new Subchapter D, which establishes enforcement mechanisms against municipalities that violate zoning laws. It allows individuals who are affected or aggrieved by such violations to bring actions against the municipality for mandamus, declaratory, or injunctive relief. Notably, the bill waives a municipality's governmental immunity from suit in these cases, enabling affected parties to seek legal recourse. Additionally, courts are authorized to award court costs and reasonable attorney's fees to the prevailing party in these actions.
The provisions of the new section apply to violations of Chapter 211 that occurred before, on, or after the effective date of the Act, which is set for September 1, 2025. However, it specifies that any final judgment regarding a violation that existed on the effective date will remain unaffected by this new legislation. This bill aims to enhance accountability for municipalities regarding zoning law compliance.
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