By:  Barrientos                                       S.B. No. 1736

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to service by members of the municipal governing body on a

 1-2     board of adjustment in certain municipalities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 211.008, Local Government Code, is

 1-5     amended by adding Subsection (g) to read as follows:

 1-6           (g)  The governing body of a Type A general-law municipality

 1-7     by ordinance may grant the members of the governing body the

 1-8     authority to act as a board of adjustment under this chapter.

 1-9           SECTION 2.  Section 211.010, Local Government Code, is

1-10     amended by amending Subsection (a) and adding Subsection (e) to

1-11     read as follows:

1-12           (a)  Except as provided by Subsection (e), any [Any] of the

1-13     following persons may appeal to the board of adjustment a decision

1-14     made by an administrative official:

1-15                 (1)  a person aggrieved by the decision; or

1-16                 (2)  any officer, department, board, or bureau of the

1-17     municipality affected by the decision.

1-18           (e)  A member of the governing body of the municipality who

1-19     serves on the board of adjustment under Section 211.008(g) may not

1-20     bring an appeal under this section.

1-21           SECTION 3.  Section 211.011, Local Government Code, is

1-22     amended by adding Subsection (g) to read as follows:

1-23           (g)  The court may not apply a different standard of review

1-24     to a decision of a board of adjustment that is composed of members

 2-1     of the governing body of the municipality under Section 211.008(g)

 2-2     than is applied to a decision of a board of adjustment that does

 2-3     not contain members of the governing body of a municipality.

 2-4           SECTION 4.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended,

 2-9     and that this Act take effect and be in force from and after its

2-10     passage, and it is so enacted.