By: Henderson S.B. No. 506
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of multiple panels of a municipality's
1-2 zoning board of adjustment.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 211.008, Texas Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 211.008. Board of Adjustment. (a) The governing body
1-7 of a municipality may provide for the appointment of a board of
1-8 adjustment. In the regulations adopted under this subchapter, the
1-9 governing body may authorize the board of adjustment in appropriate
1-10 cases and subject to appropriate conditions and safeguards, to make
1-11 special exceptions to the terms of the zoning ordinance that are
1-12 consistent with the general purpose and intent of the ordinance and
1-13 in accordance with any applicable rules contained in the ordinance.
1-14 (b) A board of adjustment must consist of one or more panels
1-15 of five members each to be appointed for terms of two years. If
1-16 more than one panel of the board is appointed, then the board
1-17 consists of the regular members of all of the panels. The
1-18 appointing authority may remove a board member for cause, as found
1-19 by the appointing authority, on a written charge after a public
1-20 hearing. A vacancy on the board shall be filled for the unexpired
1-21 term.
1-22 (c) The governing body, by charter or ordinance, may provide
1-23 for the appointment of <four> alternate board members to serve in
2-1 the absence of one or more regular members when requested to do so
2-2 by the mayor or city manager. An alternate member serves for the
2-3 same period as a regular member and is subject to removal in the
2-4 same manner as a regular member. A vacancy among the alternate
2-5 members is filled in the same manner as a vacancy among the regular
2-6 members.
2-7 (d) Each case before a panel of the board of adjustment must
2-8 be heard by at least four members. If the board consists of more
2-9 than one panel, only one panel may hear and render a decision in a
2-10 particular case. A decision of a panel of the board on a case
2-11 constitutes the decision of the board.
2-12 (e) A simple majority of the board shall adopt rules in
2-13 accordance with any ordinance adopted under this subchapter.
2-14 Meetings of the board are held at the call of the chair<man> of the
2-15 board and at other times as determined by the board. Meetings of a
2-16 panel of the board are held at the call of the chair of the panel
2-17 and at other times as determined by the panel or the board. <The>
2-18 A chair<man>, or in a chair's absence, the acting chair<man> may
2-19 administer oaths and compel the attendance of witnesses. All
2-20 meetings of the board and its panels shall be open to the public.
2-21 (f) The board and its panels shall keep minutes of their
2-22 respective proceedings that indicate the vote of each member on
2-23 each question or the fact that a member is absent or fails to vote.
2-24 The board and its panels shall keep records of their respective
2-25 examinations and other official actions. The minutes and records
3-1 shall be filed immediately in the board's office and are public
3-2 records.
3-3 SECTION 2. Section 211.009, Texas Local Government Code, is
3-4 amended to read as follows:
3-5 Sec. 211.009. Authority of Board. (a) A panel of the board
3-6 of adjustment may:
3-7 (1) hear and decide an appeal that alleges error in an
3-8 order, requirement, decision, or determination made by an
3-9 administrative official in the enforcement of this subchapter or an
3-10 ordinance adopted under this subchapter;
3-11 (2) hear and decide special exceptions to the terms of
3-12 a zoning ordinance when the ordinance requires the board to do so;
3-13 <and>
3-14 (3) authorize in specific cases a variance from the
3-15 terms of a zoning ordinance if the variance is not contrary to the
3-16 public interest and, due to special conditions, a literal
3-17 enforcement of the ordinance would result in unnecessary hardship,
3-18 and so that the spirit of the ordinance is observed and substantial
3-19 justice is done<.>; and
3-20 (4) hear and decide such other matters as may be
3-21 authorized by an ordinance adopted under this subchapter.
3-22 (b) In exercising its authority under Subsection (a)(1), a
3-23 panel of the board may reverse or affirm, in whole or in part, or
3-24 modify the administrative official's order, requirement, decision,
3-25 or determination from which an appeal is taken and make the correct
4-1 order, requirement, decision, or determination, and for that
4-2 purpose the panel <board> has the same authority as the
4-3 administrative official.
4-4 (c) The concurring vote of four members of a panel of the
4-5 board is necessary to:
4-6 (1) reverse an order, requirement, decision, or
4-7 determination of an administrative official;
4-8 (2) decide in favor of an applicant on a matter on
4-9 which the board is required to pass under a zoning ordinance; or
4-10 (3) authorize a variation from the terms of a zoning
4-11 ordinance.
4-12 SECTION 3. Section 211.010, Texas Local Government Code, is
4-13 amended to read as follows:
4-14 Sec. 211.010. Appeal to Board.
4-15 (a) Any of the following persons may appeal to the board of
4-16 adjustment a decision made by an administrative official:
4-17 (1) a person aggrieved by the decision; or
4-18 (2) any officer, department, board, or bureau of the
4-19 municipality affected by the decision.
4-20 (b) The appellant must file with the board and the official
4-21 from whom the appeal is taken a notice of appeal specifying the
4-22 grounds for the appeal. The appeal must be filed within a
4-23 reasonable time as determined by the rules of the board. On
4-24 receiving the notice, the official from whom the appeal is taken
4-25 shall immediately transmit to the board all the papers constituting
5-1 the record of the action appealed. The appeal shall then be
5-2 assigned to a panel of the board in accordance with the board's
5-3 rules.
5-4 (c) An appeal stays all proceedings in furtherance of the
5-5 action that is appealed unless the official from whom the appeal is
5-6 taken certifies in writing to the panel of the board handling the
5-7 appeal facts supporting the official's opinion that a stay would
5-8 cause imminent peril to life or property. In that case, the
5-9 proceedings may be stayed only by a restraining order granted by
5-10 that panel <the board> or a court of record on application, after
5-11 notice to the official, if due cause is shown.
5-12 (d) The panel of the board handling the appeal shall set a
5-13 reasonable time of the appeal hearing and shall give public notice
5-14 of the hearing and due notice to the parties in interest. A party
5-15 may appear at the appeal hearing in person or by agent or attorney.
5-16 The panel <board> shall decide the appeal within a reasonable time.
5-17 SECTION 4. Section 211.011(a), Texas Local Government Code,
5-18 is amended to read as follows:
5-19 (a) Any of the following persons may present to a court of
5-20 record a verified petition stating that the decision of a panel of
5-21 the board of adjustment is illegal in whole or in part and
5-22 specifying the grounds of the illegality:
5-23 (1) a person aggrieved by a decision of the board;
5-24 (2) a taxpayer; or
5-25 (3) an officer, department, board, or bureau of the
6-1 municipality.
6-2 SECTION 5. Sections 211.011(c) and (f), Texas Local
6-3 Government Code, are amended to read as follows:
6-4 (c) On the presentation of the petition, the court may grant
6-5 a writ of certiorari directed to the panel of the board that made
6-6 the appealed decision to review the panel's <board's> decision.
6-7 The writ must indicate the time by which the panel's <board's>
6-8 return must be made and served on the petitioner's attorney, which
6-9 must be after 10 days and may be extended by the court. Granting
6-10 of the writ does not stay the proceedings on the decision under
6-11 appeal, but on application and after notice to the panel of the
6-12 board the court may grant a restraining order if the cause is
6-13 shown.
6-14 (f) The court may reverse or affirm, in whole or in part, or
6-15 modify the decision that is appealed. Costs may not be assessed
6-16 against the panel of the board unless the court determines the
6-17 panel <board> acted with gross negligence, in bad faith, or with
6-18 malice in making its decision.
6-19 SECTION 6. The importance of this legislation and the
6-20 crowded condition of the calendars in both houses create an
6-21 emergency and an imperative public necessity that the
6-22 constitutional rule requiring bills to be read on three several
6-23 days in each house be suspended, and this rule is hereby suspended,
6-24 and that this Act take effect and be in force from and after its
6-25 passage, and it is so enacted.