By Thompson of Harris                                  H.B. No. 827
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of multiple panels of a municipality's
    1-3  zoning board of adjustment.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 211.008, Texas Local Government Code, is
    1-6  amended to read as follows:
    1-7        Sec. 211.008.  Board of Adjustment.  (a)  The governing body
    1-8  of a municipality may provide for the appointment of a board of
    1-9  adjustment.  In the regulations adopted under this subchapter, the
   1-10  governing body may authorize the board of adjustment in appropriate
   1-11  cases and subject to appropriate conditions and safeguards, to make
   1-12  special exceptions to the terms of the zoning ordinance that are
   1-13  consistent with the general purpose and intent of the ordinance and
   1-14  in accordance with any applicable rules contained in the ordinance.
   1-15        (b)  A board of adjustment must consist of one or more panels
   1-16  of five members each to be appointed for terms of two years.  If
   1-17  more than one panel of the board is appointed, then the board
   1-18  consists of the regular members of all of the panels.  The
   1-19  appointing authority may remove a board member for cause, as found
   1-20  by the appointing authority, on a written charge after a public
   1-21  hearing.  A vacancy on the board shall be filled for the unexpired
   1-22  term.
   1-23        (c)  The governing body, by charter or ordinance, may provide
    2-1  for the appointment of <four> alternate board members to serve in
    2-2  the absence of one or more regular members when requested to do so
    2-3  by the mayor or city manager.  An alternate member serves for the
    2-4  same period as a regular member and is subject to removal in the
    2-5  same manner as a regular member.  A vacancy among the alternate
    2-6  members is filled in the same manner as a vacancy among the regular
    2-7  members.
    2-8        (d)  Each case before a panel of the board of adjustment must
    2-9  be heard by at least four members.  If the board consists of more
   2-10  than one panel, only one panel may hear and render a decision in a
   2-11  particular case.  A decision of a panel of the board on a case
   2-12  constitutes the decision of the board.
   2-13        (e)  A simple majority of the board shall adopt rules in
   2-14  accordance with any ordinance adopted under this subchapter.
   2-15  Meetings of the board are held at the call of the chair<man> of the
   2-16  board and at other times as determined by the board.  Meetings of a
   2-17  panel of the board are held at the call of the chair of the panel
   2-18  and at other times as determined by the panel or the board.  <The>
   2-19  A chair<man>, or in a chair's absence, the acting chair<man> may
   2-20  administer oaths and compel the attendance of witnesses.  All
   2-21  meetings of the board and its panels shall be open to the public.
   2-22        (f)  The board and its panels shall keep minutes of their
   2-23  respective proceedings that indicate the vote of each member on
   2-24  each question or the fact that a member is absent or fails to vote.
   2-25  The board and its panels shall keep records of their respective
    3-1  examinations and other official actions.  The minutes and records
    3-2  shall be filed immediately in the board's office and are public
    3-3  records.
    3-4        SECTION 2.  Section 211.009, Texas Local Government Code, is
    3-5  amended to read as follows:
    3-6        Sec. 211.009.  Authority of Board.  (a)  A panel of the board
    3-7  of adjustment may:
    3-8              (1)  hear and decide an appeal that alleges error in an
    3-9  order, requirement, decision, or determination made by an
   3-10  administrative official in the enforcement of this subchapter or an
   3-11  ordinance adopted under this subchapter;
   3-12              (2)  hear and decide special exceptions to the terms of
   3-13  a zoning ordinance when the ordinance requires the board to do so;
   3-14  <and>
   3-15              (3)  authorize in specific cases a variance from the
   3-16  terms of a zoning ordinance if the variance is not contrary to the
   3-17  public interest and, due to special conditions, a literal
   3-18  enforcement of the ordinance would result in unnecessary hardship,
   3-19  and so that the spirit of the ordinance is observed and substantial
   3-20  justice is done<.>; and
   3-21              (4)  hear and decide such other matters as may be
   3-22  authorized by an ordinance adopted under this subchapter.
   3-23        (b)  In exercising its authority under Subsection (a)(1), a
   3-24  panel of the board may reverse or affirm, in whole or in part, or
   3-25  modify the administrative official's order, requirement, decision,
    4-1  or determination from which an appeal is taken and make the correct
    4-2  order, requirement, decision, or determination, and for that
    4-3  purpose the panel <board> has the same authority as the
    4-4  administrative official.
    4-5        (c)  The concurring vote of four members of a panel of the
    4-6  board is necessary to:
    4-7              (1)  reverse an order, requirement, decision, or
    4-8  determination of an administrative official;
    4-9              (2)  decide in favor of an applicant on a matter on
   4-10  which the board is required to pass under a zoning ordinance; or
   4-11              (3)  authorize a variation from the terms of a zoning
   4-12  ordinance.
   4-13        SECTION 3.  Section 211.010, Texas Local Government Code, is
   4-14  amended to read as follows:
   4-15        Sec. 211.010.  Appeal to Board.
   4-16        (a)  Any of the following persons may appeal to the board of
   4-17  adjustment a decision made by an administrative official:
   4-18              (1)  a person aggrieved by the decision; or
   4-19              (2)  any officer, department, board, or bureau of the
   4-20  municipality affected by the decision.
   4-21        (b)  The appellant must file with the board and the official
   4-22  from whom the appeal is taken a notice of appeal specifying the
   4-23  grounds for the appeal.  The appeal must be filed within a
   4-24  reasonable time as determined by the rules of the board.  On
   4-25  receiving the notice, the official from whom the appeal is taken
    5-1  shall immediately transmit to the board all the papers constituting
    5-2  the record of the action appealed.  The appeal shall then be
    5-3  assigned to a panel of the board in accordance with the board's
    5-4  rules.
    5-5        (c)  An appeal stays all proceedings in furtherance of the
    5-6  action that is appealed unless the official from whom the appeal is
    5-7  taken certifies in writing to the panel of the board handling the
    5-8  appeal facts supporting the official's opinion that a stay would
    5-9  cause imminent peril to life or property.  In that case, the
   5-10  proceedings may be stayed only by a restraining order granted by
   5-11  that panel <the board> or a court of record on application, after
   5-12  notice to the official, if due cause is shown.
   5-13        (d)  The panel of the board handling the appeal shall set a
   5-14  reasonable time of the appeal hearing and shall give public notice
   5-15  of the hearing and due notice to the parties in interest.  A party
   5-16  may appear at the appeal hearing in person or by agent or attorney.
   5-17  The panel <board> shall decide the appeal within a reasonable time.
   5-18        SECTION 4.  Section 211.011(a), Texas Local Government Code,
   5-19  is amended to read as follows:
   5-20        (a)  Any of the following persons may present to a court of
   5-21  record a verified petition stating that the decision of a panel of
   5-22  the board of adjustment is illegal in whole or in part and
   5-23  specifying the grounds of the illegality:
   5-24              (1)  a person aggrieved by a decision of the board;
   5-25              (2)  a taxpayer; or
    6-1              (3)  an officer, department, board, or bureau of the
    6-2  municipality.
    6-3        SECTION 5.  Sections 211.011(c) and (f), Texas Local
    6-4  Government Code, are amended to read as follows:
    6-5        (c)  On the presentation of the petition, the court may grant
    6-6  a writ of certiorari directed to the panel of the board that made
    6-7  the appealed decision to review the panel's <board's> decision.
    6-8  The writ must indicate the time by which the panel's <board's>
    6-9  return must be made and served on the petitioner's attorney, which
   6-10  must be after 10 days and may be extended by the court.  Granting
   6-11  of the writ does not stay the proceedings on the decision under
   6-12  appeal, but on application and after notice to the panel of the
   6-13  board the court may grant a restraining order if the cause is
   6-14  shown.
   6-15        (f)  The court may reverse or affirm, in whole or in part, or
   6-16  modify the decision that is appealed.  Costs may not be assessed
   6-17  against the panel of the board unless the court determines the
   6-18  panel <board> acted with gross negligence, in bad faith, or with
   6-19  malice in making its decision.
   6-20        SECTION 6.  The importance of this legislation and the
   6-21  crowded condition of the calendars in both houses create an
   6-22  emergency and an imperative public necessity that the
   6-23  constitutional rule requiring bills to be read on three several
   6-24  days in each house be suspended, and this rule is hereby suspended,
   6-25  and that this Act take effect and be in force from and after its
    7-1  passage, and it is so enacted.