By:  Rosson                                            S.B. No. 391
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the composition and operation of municipal boards of
    1-2  adjustment.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsections (b) and (d), Section 211.008, Local
    1-5  Government Code, are amended to read as follows:
    1-6        (b)  A board of adjustment must consist of at least five
    1-7  members to be appointed for terms of two years.  The appointing
    1-8  authority may remove a board member for cause on a written charge
    1-9  after a public hearing.  A vacancy on the board shall be filled for
   1-10  the unexpired term.
   1-11        (d)  Each case before the board of adjustment must be heard
   1-12  by at least two-thirds of the <four> members.
   1-13        SECTION 2.  Subsection (c), Section 211.009, Local Government
   1-14  Code, is amended to read as follows:
   1-15        (c)  The concurring vote of two-thirds of the <four> members
   1-16  of the board is necessary to:
   1-17              (1)  reverse an order, requirement, decision, or
   1-18  determination of an administrative official;
   1-19              (2)  decide in favor of an applicant on a matter on
   1-20  which the board is required to pass under a zoning ordinance; or
   1-21              (3)  authorize a variation from the terms of a zoning
   1-22  ordinance.
   1-23        SECTION 3.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended,
    2-4  and that this Act take effect and be in force from and after its
    2-5  passage, and it is so enacted.