1-1 By: Henderson S.B. No. 506
1-2 (In the Senate - Filed February 26, 1993; March 1, 1993, read
1-3 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. 506 By: Henderson
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the creation of multiple panels of, and to the
1-24 operation of, a municipality's zoning board of adjustment.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subsections (b), (c), and (e), Sections 211.008,
1-27 Local Government Code, are amended to read as follows:
1-28 (b) A board of adjustment must consist of five members to be
1-29 appointed for terms of two years. The appointing authority may
1-30 remove a board member for cause, as found by the appointing
1-31 authority, on a written charge after a public hearing. A vacancy
1-32 on the board shall be filled for the unexpired term.
1-33 (c) The governing body, by charter or ordinance, may provide
1-34 for the appointment of <four> alternate board members to serve in
1-35 the absence of one or more regular members when requested to do so
1-36 by the mayor or city manager. An alternate member serves for the
1-37 same period as a regular member and is subject to removal in the
1-38 same manner as a regular member. A vacancy among the alternate
1-39 members is filled in the same manner as a vacancy among the regular
1-40 members.
1-41 (e) The board by majority vote shall adopt rules in
1-42 accordance with any ordinance adopted under this subchapter.
1-43 Meetings of the board are held at the call of the presiding officer
1-44 <chairman> and at other times as determined by the board. The
1-45 presiding officer <chairman> or acting presiding officer <chairman>
1-46 may administer oaths and compel the attendance of witnesses. All
1-47 meetings of the board shall be open to the public.
1-48 SECTION 2. Subsection (a), Section 211.009, Local Government
1-49 Code, is amended to read as follows:
1-50 (a) The board of adjustment may:
1-51 (1) hear and decide an appeal that alleges error in an
1-52 order, requirement, decision, or determination made by an
1-53 administrative official in the enforcement of this subchapter or an
1-54 ordinance adopted under this subchapter;
1-55 (2) hear and decide special exceptions to the terms of
1-56 a zoning ordinance when the ordinance requires the board to do so;
1-57 <and>
1-58 (3) authorize in specific cases a variance from the
1-59 terms of a zoning ordinance if the variance is not contrary to the
1-60 public interest and, due to special conditions, a literal
1-61 enforcement of the ordinance would result in unnecessary hardship,
1-62 and so that the spirit of the ordinance is observed and substantial
1-63 justice is done; and
1-64 (4) hear and decide other matters authorized by an
1-65 ordinance adopted under this subchapter.
1-66 SECTION 3. Subchapter A, Chapter 211, Local Government Code,
1-67 is amended by adding Section 211.014 to read as follows:
1-68 Sec. 211.014. PANEL OF BOARD OF ADJUSTMENT. (a) This
2-1 section applies only to a municipality with a population of
2-2 1,000,000 or more.
2-3 (b) A board of adjustment shall consist of one or more
2-4 panels of five members each to be appointed for terms of two years.
2-5 If more than one panel of the board is appointed, the board
2-6 consists of the regular members of all of the panels. The board
2-7 may adopt rules for the assignment of appeals to a panel.
2-8 (c) If the board consists of more than one panel, only one
2-9 panel may hear, handle, or render a decision in a particular case.
2-10 A decision of a panel of the board on a case constitutes the
2-11 decision of the board.
2-12 (d) Meetings of a panel of the board are held at the call of
2-13 the presiding officer of the panel and at other times as determined
2-14 by the panel or the board.
2-15 (e) A panel of a board of adjustment has the powers and
2-16 duties that a board of adjustment has under Sections 211.008,
2-17 211.009, 211.010, and 211.011.
2-18 SECTION 4. This Act takes effect September 1, 1993, and
2-19 applies only to a case filed with a board of adjustment on or after
2-20 the effective date of this Act.
2-21 SECTION 5. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.
2-26 * * * * *
2-27 Austin,
2-28 Texas
2-29 March 17, 1993
2-30 Hon. Bob Bullock
2-31 President of the Senate
2-32 Sir:
2-33 We, your Committee on Intergovernmental Relations to which was
2-34 referred S.B. No. 506, have had the same under consideration, and I
2-35 am instructed to report it back to the Senate with the
2-36 recommendation that it do not pass, but that the Committee
2-37 Substitute adopted in lieu thereof do pass and be printed.
2-38 Armbrister,
2-39 Chairman
2-40 * * * * *
2-41 WITNESSES
2-42 FOR AGAINST ON
2-43 ___________________________________________________________________
2-44 Name: Walter Fisher x
2-45 Representing: Texas Municipal League
2-46 City: Austin
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2-48 Name: Christopher D. Bowers x
2-49 Representing: City of Dallas
2-50 City: Dallas
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2-52 Name: Larry Casto x
2-53 Representing: City of Dallas
2-54 City: Dallas
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2-56 Name: Donna H. Kristaponis x
2-57 Representing: City of Houston
2-58 City: Houston
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