JH S.B. 1736 75(R)    BILL ANALYSIS


URBAN AFFAIRS
S.B. 1736
By: Barrientos (Keel)
5-8-97
Committee Report (Unamended)



BACKGROUND 

Currently, a general-law municipality that has enacted a zoning ordinance
and exercises zoning authority within the city is required to appoint a
Zoning Commission and a Planning Commission. The city may, but is not
required to, also appoint a Board of Adjustment to make special exceptions
to the terms of its zoning ordinance as long as the exceptions conform to
the general purpose and intent of the ordinances. S.B. 1736 would allow
the governing body of a Type A general-law municipality to perform certain
duties. 

PURPOSE

As proposed, S.B. 1736 outlines provisions regarding the composition of a
board of adjustment in certain municipalities and the standard of judicial
review. 

RULEMAKING AUTHORITY

Ordinance making authority is granted to the governing body of a Type A
general-law municipality under SECTION 1 (Section 211.008(g), Local
Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 211.008, Local Government Code, by adding
Subsection (g), to   authorize the governing body of a Type A general-law
municipality, by ordinance,   to grant the members of the governing body
the authority to act as a board of   adjustment under this chapter. 

SECTION 2. Amends Local Government Code Section 211.010 (e) to provide
that a city   council member serving on a board of adjustment may not
bring an appeal. 

SECTION 3. Amends Local Government Code Section 211.011 (g) to require a
uniform   standard of judicial review. 

SECTION 4.  Emergency clause. Effective date: upon passage.