BILL ANALYSIS



C.S.H.B. 875
By: Pickett
03-02-95
Committee Report (Substituted)


BACKGROUND

As representation broadened in many municipalities through single
member districting, many important boards and commissions also
increased in size to allow for a wider diversity of members. 
However, since the numbers of members permitted on boards of
adjustment was determined by statute, these very critical boards
could not be expanded without the approval of Legislature.


PURPOSE

As proposed, H.B. 875 would give municipalities the authority to
expand the membership of Zoning Boards of Adjustment to more
adequately reflect the diversity of their individual communities.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 211.008(b) of the Local Government Code
by adding the words "at least" when this section refers to 5
members of the board of adjustment.  Additionally this section is
amended to provide clarity in stating that the governing body must
provide a procedure for appointing members to the board. 
Additionally, it states that the governing body may authorize each
member of the governing body, including a mayor to appoint one
member to the board.

In providing further clarity, Section 211.008(d) is amended to
remove the reference of "four" members being required to hear a
case and replacing that reference with a stipulation that each case
must be heard by 75% of the members.

SECTION 2.  Amends Section 211.009(c) of the Local Government Code
to permit a concurring vote of 75 percent of the Board of
Adjustment to take action.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute added Section 2, requiring a concurring vote of 75
percent of the Board of Adjustment to take action.  It also reduced
the percentage required from 80 to 75 percent for a Board of
Adjustment to hear matters.

SUMMARY OF COMMITTEE ACTION

H.B. 875 was considered in public hearing on March 6, 1995.  The
following persons testified in favor of the bill: Representative
Pickett; and Terry L. Williams, representing the City of El Paso. 
The committee considered a complete substitute for the bill.  One
amendment was offered to the substitute.  That amendment was
adopted by a non-record vote.  The substitute, as amended, was
adopted without objection.  The bill was reported favorably, as
substituted, with the recommendation that it do pass and be
printed, by a record vote of 8 ayes, 0 nays, 0 pnvs, and 1 absent.