BILL ANALYSIS H.B. 875 By: Pickett (Rosson) Intergovernmental Relations 5-26-95 Senate Committee Report (Unamended) 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 number of members permitted on boards of adjustment was determined by statute, these boards could not be expanded without the approval of the legislature. PURPOSE As proposed, H.B. 875 sets forth provisions relating to the appointment to and the powers and duties of a municipal zoning board of adjustment. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 211.008(b) and (d), Local Government Code, as follows: (b) Requires a municipal zoning board of adjustment (board) to consist of at least five members to be appointed for terms of two years. Requires the governing body of a municipality to provide the procedure for appointment. Authorizes the governing body to authorize each member of the governing body, including the mayor, to appoint one member to the board. (d) Requires each case before the board to be heard by at least 75 percent, rather than four, of the members. SECTION 2. Amends Section 211.009(c), Local Government Code, to provide that the concurring vote of 75 percent of the members of the board is necessary to take certain actions. SECTION 3. Emergency clause. Effective date: upon passage.