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
   2-47  -------------------------------------------------------------------
   2-48  Name:  Christopher D. Bowers                     x
   2-49  Representing:  City of Dallas
   2-50  City:  Dallas
   2-51  -------------------------------------------------------------------
   2-52  Name:  Larry Casto                               x
   2-53  Representing:  City of Dallas
   2-54  City:  Dallas
   2-55  -------------------------------------------------------------------
   2-56  Name:  Donna H. Kristaponis                      x
   2-57  Representing:  City of Houston
   2-58  City:  Houston
   2-59  -------------------------------------------------------------------