S.B. No. 506
AN ACT
1-1 relating to the creation of multiple panels of, and to the
1-2 operation of, a municipality's zoning board of adjustment;
1-3 providing for the repeal of zoning regulations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (b), (c), and (e), Section 211.008,
1-6 Local Government Code, are amended to read as follows:
1-7 (b) A board of adjustment must consist of five members to be
1-8 appointed for terms of two years. The appointing authority may
1-9 remove a board member for cause, as found by the appointing
1-10 authority, on a written charge after a public hearing. A vacancy
1-11 on the board shall be filled for the unexpired term.
1-12 (c) The governing body, by charter or ordinance, may provide
1-13 for the appointment of <four> alternate board members to serve in
1-14 the absence of one or more regular members when requested to do so
1-15 by the mayor or city manager. An alternate member serves for the
1-16 same period as a regular member and is subject to removal in the
1-17 same manner as a regular member. A vacancy among the alternate
1-18 members is filled in the same manner as a vacancy among the regular
1-19 members.
1-20 (e) The board by majority vote shall adopt rules in
1-21 accordance with any ordinance adopted under this subchapter.
1-22 Meetings of the board are held at the call of the presiding officer
1-23 <chairman> and at other times as determined by the board. The
2-1 presiding officer <chairman> or acting presiding officer <chairman>
2-2 may administer oaths and compel the attendance of witnesses. All
2-3 meetings of the board shall be open to the public.
2-4 SECTION 2. Subsection (a), Section 211.009, Local Government
2-5 Code, is amended to read as follows:
2-6 (a) The board of adjustment may:
2-7 (1) hear and decide an appeal that alleges error in an
2-8 order, requirement, decision, or determination made by an
2-9 administrative official in the enforcement of this subchapter or an
2-10 ordinance adopted under this subchapter;
2-11 (2) hear and decide special exceptions to the terms of
2-12 a zoning ordinance when the ordinance requires the board to do so;
2-13 <and>
2-14 (3) authorize in specific cases a variance from the
2-15 terms of a zoning ordinance if the variance is not contrary to the
2-16 public interest and, due to special conditions, a literal
2-17 enforcement of the ordinance would result in unnecessary hardship,
2-18 and so that the spirit of the ordinance is observed and substantial
2-19 justice is done; and
2-20 (4) hear and decide other matters authorized by an
2-21 ordinance adopted under this subchapter.
2-22 SECTION 3. Subchapter A, Chapter 211, Local Government Code,
2-23 is amended by adding Section 211.014 to read as follows:
2-24 Sec. 211.014. PANEL OF BOARD OF ADJUSTMENT. (a) This
2-25 section applies only to a municipality with a population of
3-1 1,000,000 or more.
3-2 (b) A board of adjustment shall consist of one or more
3-3 panels of five members each to be appointed for terms of two years.
3-4 If more than one panel of the board is appointed, the board
3-5 consists of the regular members of all of the panels. The board
3-6 may adopt rules for the assignment of appeals to a panel.
3-7 (c) If the board consists of more than one panel, only one
3-8 panel may hear, handle, or render a decision in a particular case.
3-9 A decision of a panel of the board on a case constitutes the
3-10 decision of the board.
3-11 (d) Meetings of a panel of the board are held at the call of
3-12 the presiding officer of the panel and at other times as determined
3-13 by the panel or the board.
3-14 (e) A panel of a board of adjustment has the powers and
3-15 duties that a board of adjustment has under Sections 211.008,
3-16 211.009, 211.010, and 211.011.
3-17 SECTION 4. Subchapter A, Chapter 211, Local Government Code,
3-18 is amended by adding Section 211.015 to read as follows:
3-19 Sec. 211.015. ZONING REFERENDUM IN HOME-RULE MUNICIPALITY.
3-20 (a) Notwithstanding other requirements of this subchapter, the
3-21 voters of a home-rule municipality may repeal the municipality's
3-22 zoning regulations adopted under this subchapter by either:
3-23 (1) a charter election conducted under law; or
3-24 (2) on the initial adoption of zoning regulations by a
3-25 municipality, the use of any referendum process that is authorized
4-1 under the charter of the municipality for public protest of the
4-2 adoption of an ordinance.
4-3 (b) Notwithstanding any procedural or other requirements of
4-4 this chapter to the contrary, the governing body of a home-rule
4-5 municipality may on its own motion submit the repeal of the
4-6 municipality's zoning regulations, as adopted under this chapter,
4-7 in their entirety to the electors by use of any process that is
4-8 authorized under the charter of the municipality for a popular vote
4-9 on the rejection or repeal of ordinances in general.
4-10 (c) The provision of this chapter shall not be construed to
4-11 prohibit the adoption or application of any charter provision of a
4-12 home-rule municipality that requires a waiting period prior to the
4-13 adoption of zoning regulations or the submission of the initial
4-14 adoption of zoning regulations to a binding referendum election, or
4-15 both, provided that all procedural requirements of this chapter for
4-16 the adoption of the zoning regulation are otherwise complied with.
4-17 (d) Notwithstanding any charter provision to the contrary, a
4-18 governing body of a municipality may adopt a zoning ordinance and
4-19 condition its taking effect upon the ordinance receiving the
4-20 approval of the electors at an election held for that purpose.
4-21 (e) The provisions of this section may only be utilized for
4-22 the repeal of a municipality's zoning regulations in their entirety
4-23 or for determinations of whether a municipality should initially
4-24 adopt zoning regulations, except the governing body of a
4-25 municipality may amend, modify, or repeal a zoning ordinance
5-1 adopted, approved, or ratified at an election conducted pursuant to
5-2 this section.
5-3 (f) The provisions of this section shall not authorize the
5-4 repeal of an ordinance approving land-use regulations adopted under
5-5 the provisions of this chapter by a board of directors of a
5-6 reinvestment zone under the authority of Section 311.010(c), Tax
5-7 Code.
5-8 SECTION 5. (a) This Act takes effect September 1, 1993.
5-9 (b) The provisions of Section 3 of this Act apply only to a
5-10 case filed with a board of adjustment on or after the effective
5-11 date of this Act.
5-12 SECTION 6. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended,
5-17 and that this Act take effect and be in force from and after its
5-18 passage, and it is so enacted.