Opinion No.

Honorable John F. Perry County Attorney Hopkins County Courthouse Sulphur Springs, Texas 75482

Re: Composition of municipal zoning board of adjustment (RQ-1626)

Dear Mr. Perry:

You have asked whether the governing body of a home rule city, which has adopted a comprehensive zoning plan pursuant to the enabling statutes now codified in chapter 211 of the Local Government Code, may, by local ordinance, designate itself to act as a zoning board of adjustment.

It has been suggested that such an arrangement would violate article II, section 1, of the Texas Constitution, the "separation of powers"…