What is a quorum and what is the 20% protest?
The vote for a zoning change is a simple majority unless there is a 20 percent protest. Section 211.006(d) of the Local Government Code states that when owners of 20% of the area of land adjoining a proposed zone change protest the change, the change does not go into effect unless it receives an affirmative vote of 3/4 of all the members of the governing body. Court decisions say that this means 3/4 of the members present and voting. In City of Alamo Heights v. Gerety, 264 S.W.2d 778 (Tex. Civ. App.–San Antonio 1954, writ ref=d n.r.e.), five aldermen were present, but one disqualified himself. A 3-1 vote was held sufficient, requiring 3/4 of four (the number of aldermen voting), not 3/4 of five (the total number of aldermen). In the case of Hannan v. City of Coppell, 583 S.W.2d 817 (Tex. Civ. App.–Dallas 1979, writ ref’d n.r.e.), it was held that a 3-1 vote was sufficient when only four out of the five councilmembers were present at the meeting.
