Section 382.028 - Variances(a) This chapter does not prohibit the granting of a variance.(b) A variance is an exceptional remedy that may be granted only on demonstration that compliance with a provision of this chapter or commission rule or order results in an arbitrary and unreasonable taking of property.Tex. Health and Safety Code § 382.028
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.152, eff. 9/1/1995. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.