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.