80R10736 BEF-D
 
  By: Krusee H.B. No. 3716
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the process of allowing a variance to be granted under
the Capitol view corridors law.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter A, Chapter 3151, Government Code, is
amended by adding Section 3151.004 to read as follows:
       Sec. 3151.004.  VARIANCE.  This chapter does not apply to a
project for which the governing body of a municipality affected by
this chapter, the General Land Office, and the Texas Historical
Commission authorize a variance from the terms of this chapter
after finding that:
             (1)  the variance is not contrary to the public
interest;
             (2)  due to special conditions, a literal enforcement
of this chapter would result in unnecessary hardship; and
             (3)  in granting the variance the spirit of this
chapter is observed and substantial justice is done.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.