1-1  By:  Pickett (Senate Sponsor - Rosson)                 H.B. No. 875
    1-2        (In the Senate - Received from the House April 12, 1995;
    1-3  April 18, 1995, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 26, 1995, reported favorably by
    1-5  the following vote:  Yeas 7, Nays 0; May 26, 1995, sent to
    1-6  printer.)
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to the appointment to and the powers and duties of a
   1-10  municipal zoning board of adjustment.
   1-12        SECTION 1.  Sections 211.008(b) and (d), Local Government
   1-13  Code, are amended to read as follows:
   1-14        (b)  A board of adjustment must consist of at least five
   1-15  members to be appointed for terms of two years.  The governing body
   1-16  must provide the procedure for appointment.  The governing body may
   1-17  authorize each member of the governing body, including the mayor,
   1-18  to appoint one member to the board.  The appointing authority may
   1-19  remove a board member for cause, as found by the appointing
   1-20  authority, on a written charge after a public hearing.  A vacancy
   1-21  on the board shall be filled for the unexpired term.
   1-22        (d)  Each case before the board of adjustment must be heard
   1-23  by at least 75 percent of the <four> members.
   1-24        SECTION 2.  Section 211.009(c), Local Government Code, is
   1-25  amended to read as follows:
   1-26        (c)  The concurring vote of 75 percent of the <four> members
   1-27  of the board is necessary to:
   1-28              (1)  reverse an order, requirement, decision, or
   1-29  determination of an administrative official;
   1-30              (2)  decide in favor of an applicant on a matter on
   1-31  which the board is required to pass under a zoning ordinance; or
   1-32              (3)  authorize a variation from the terms of a zoning
   1-33  ordinance.
   1-34        SECTION 3.  The importance of this legislation and the
   1-35  crowded condition of the calendars in both houses create an
   1-36  emergency and an imperative public necessity that the
   1-37  constitutional rule requiring bills to be read on three several
   1-38  days in each house be suspended, and this rule is hereby suspended,
   1-39  and that this Act take effect and be in force from and after its
   1-40  passage, and it is so enacted.
   1-41                               * * * * *