By:  Rosson                                            S.B. No. 391
       73R2540 RWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the composition and operation of municipal boards of
    1-3  adjustment.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 211.008(b) and (d), Local Government
    1-6  Code, are amended to read as follows:
    1-7        (b)  A board of adjustment must consist of at least five
    1-8  members to be appointed for terms of two years.  The appointing
    1-9  authority may remove a board member for cause on a written charge
   1-10  after a public hearing.  A vacancy on the board shall be filled for
   1-11  the unexpired term.
   1-12        (d)  Each case before the board of adjustment must be heard
   1-13  by at least four-fifths of the <four> members.
   1-14        SECTION 2.  Section 211.009(c), Local Government Code, is
   1-15  amended to read as follows:
   1-16        (c)  The concurring vote of four-fifths of the <four> members
   1-17  of the board is necessary to:
   1-18              (1)  reverse an order, requirement, decision, or
   1-19  determination of an administrative official;
   1-20              (2)  decide in favor of an applicant on a matter on
   1-21  which the board is required to pass under a zoning ordinance; or
   1-22              (3)  authorize a variation from the terms of a zoning
   1-23  ordinance.
   1-24        SECTION 3.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended,
    2-5  and that this Act take effect and be in force from and after its
    2-6  passage, and it is so enacted.