H.B. No. 1475
  relating to municipal board of adjustment zoning variances based on
  unnecessary hardship.
         SECTION 1.  Section 211.009, Local Government Code, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  In exercising its authority under Subsection (a)(3),
  the board may consider the following as grounds to determine
  whether compliance with the ordinance as applied to a structure
  that is the subject of the appeal would result in unnecessary
               (1)  the financial cost of compliance is greater than
  50 percent of the appraised value of the structure as shown on the
  most recent appraisal roll certified to the assessor for the
  municipality under Section 26.01, Tax Code;
               (2)  compliance would result in a loss to the lot on
  which the structure is located of at least 25 percent of the area on
  which development may physically occur;
               (3)  compliance would result in the structure not being
  in compliance with a requirement of a municipal ordinance, building
  code, or other requirement;
               (4)  compliance would result in the unreasonable
  encroachment on an adjacent property or easement; or
               (5)  the municipality considers the structure to be a
  nonconforming structure.
         SECTION 2.  Section 211.009(b-1), Local Government Code, as
  added by this Act, applies only to an appeal filed with a municipal
  board of adjustment on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1475 was passed by the House on May 8,
  2021, by the following vote:  Yeas 133, Nays 6, 2 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 1475 was passed by the Senate on May
  24, 2021, by the following vote:  Yeas 30, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________