1-1 By: Rosson S.B. No. 391
1-2 (In the Senate - Filed February 18, 1993; February 22, 1993,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 17, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 March 17, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 391 By: Rosson
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the composition and operation of municipal boards of
1-24 adjustment.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subsections (b) and (d), Section 211.008, Local
1-27 Government Code, are amended to read as follows:
1-28 (b) A board of adjustment must consist of at least five
1-29 members to be appointed for terms of two years. The appointing
1-30 authority may remove a board member for cause on a written charge
1-31 after a public hearing. A vacancy on the board shall be filled for
1-32 the unexpired term.
1-33 (d) Each case before the board of adjustment must be heard
1-34 by at least two-thirds of the <four> members.
1-35 SECTION 2. Subsection (c), Section 211.009, Local Government
1-36 Code, is amended to read as follows:
1-37 (c) The concurring vote of two-thirds of the <four> members
1-38 of the board is necessary to:
1-39 (1) reverse an order, requirement, decision, or
1-40 determination of an administrative official;
1-41 (2) decide in favor of an applicant on a matter on
1-42 which the board is required to pass under a zoning ordinance; or
1-43 (3) authorize a variation from the terms of a zoning
1-44 ordinance.
1-45 SECTION 3. The importance of this legislation and the
1-46 crowded condition of the calendars in both houses create an
1-47 emergency and an imperative public necessity that the
1-48 constitutional rule requiring bills to be read on three several
1-49 days in each house be suspended, and this rule is hereby suspended,
1-50 and that this Act take effect and be in force from and after its
1-51 passage, and it is so enacted.
1-52 * * * * *
1-53 Austin,
1-54 Texas
1-55 March 17, 1993
1-56 Hon. Bob Bullock
1-57 President of the Senate
1-58 Sir:
1-59 We, your Committee on Intergovernmental Relations to which was
1-60 referred S.B. No. 391, have had the same under consideration, and I
1-61 am instructed to report it back to the Senate with the
1-62 recommendation that it do not pass, but that the Committee
1-63 Substitute adopted in lieu thereof do pass and be printed.
1-64 Armbrister,
1-65 Chairman
1-66 * * * * *
1-67 WITNESSES
1-68 No witnesses appeared on S.B. No. 391.