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.