Texas 2009 - 81st Regular

Texas House Bill HB143 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1266 PAM-D
2	2	By: McClendon H.B. No. 143
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to granting certain counties regulatory authority around
8	8	military facilities in certain circumstances; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 231, Local Government Code, is amended
11	11	by adding Subchapter M to read as follows:
12	12	SUBCHAPTER M. PROTECTION OF MILITARY INSTALLATIONS
13	13	Sec. 231.271. LEGISLATIVE FINDINGS; PURPOSE. (a) The
14	14	legislature finds that:
15	15	(1) the area that surrounds military installations
16	16	will be frequented for military and national security purposes by
17	17	residents from many parts of the state and nation;
18	18	(2) orderly development, use, and sustainability of
19	19	the area is of concern to the entire state; and
20	20	(3) without adequate protection regulations, the area
21	21	will tend to become congested and to be used in ways that interfere
22	22	with the proper use of the area as a secure location for the
23	23	continuation of a military establishment.
24	24	(b) The powers granted under this subchapter are for the
25	25	purpose of:
26	26	(1) promoting the public health, safety, peace,
27	27	morals, and general welfare;
28	28	(2) protecting and preserving places and areas of
29	29	military and national security importance and significance; and
30	30	(3) encouraging state and national security.
31	31	Sec. 231.272. ELIGIBLE COUNTIES. This subchapter applies
32	32	only to a county that:
33	33	(1) has a population of more than one million and in
34	34	which more than 80 percent of the population lives in a single
35	35	municipality; or
36	36	(2) is adjacent to a county described by Subdivision
37	37	(1).
38	38	Sec. 231.273. PROTECTION REGULATIONS AND REQUIREMENTS. (a)
39	39	In an unincorporated area located within five miles of the boundary
40	40	of a military installation, the commissioners court of the county
41	41	that contains the area may:
42	42	(1) regulate the platting or clearing of a tract of
43	43	land larger than two acres as provided by Subsection (b) if clearing
44	44	more than 20 percent of the trees on the tract of land is proposed;
45	45	(2) require developers proposing to develop a tract of
46	46	land in the area to provide notice to and opportunity for comment by
47	47	commanders of affected military installations; and
48	48	(3) require developers of a tract of land in the area
49	49	to provide notice to prospective buyers of the land relating to
50	50	potential noise and dust problems that could result from locating
51	51	in close proximity to an active military installation.
52	52	(b) A commissioners court adopting a regulation under
53	53	Subsection (a)(1) shall require developers, before submitting a
54	54	plat application or clearing a tract of land, to:
55	55	(1) conduct a survey to determine whether species that
56	56	are listed as threatened or endangered under federal law use the
57	57	land as a habitat; and
58	58	(2) submit the results of the survey to the Parks and
59	59	Wildlife Department, the United States Fish and Wildlife Service,
60	60	and any military installation in the vicinity of the land.
61	61	(c) Notwithstanding Section 245.002, a regulation adopted
62	62	under this section applies regardless of whether a plan for
63	63	development of real property or a plat application for a tract of
64	64	land has been previously filed with a regulatory agency, as that
65	65	term is defined by Section 245.001.
66	66	(d) In this section, multiple tracts of land are considered
67	67	a tract of land for purposes of calculating the amount of acreage
68	68	under Subsection (a)(1) if:
69	69	(1) the tracts share a common boundary;
70	70	(2) the tracts are owned by the same developer or
71	71	development corporation; and
72	72	(3) commencement of development of a subsequent tract
73	73	begins within two years after the commencement of development of a
74	74	previously developed tract.
75	75	Sec. 231.274. FEE. A commissioners court acting under this
76	76	subchapter may set and collect a fee to cover the costs of
77	77	administering this subchapter. Fees imposed under this section may
78	78	not exceed the cost of administering this subchapter.
79	79	Sec. 231.275. COMPLIANCE WITH COUNTY PLAN. A county acting
80	80	under this subchapter shall:
81	81	(1) adopt protection regulations under Section
82	82	231.273(a)(1) in accordance with a county plan for growth and
83	83	development of the county; and
84	84	(2) inform municipalities located in the county
85	85	regarding the adoption of the regulations.
86	86	Sec. 231.276. PROCEDURE GOVERNING ADOPTION OF REGULATIONS.
87	87	(a) A protection regulation adopted under Section 231.273(a)(1) is
88	88	not effective until it is adopted by the commissioners court after a
89	89	public hearing. Before the 15th day before the date of the hearing,
90	90	the commissioners court must publish notice of the hearing in a
91	91	newspaper of general circulation in the county.
92	92	(b) The commissioners court may establish or amend a
93	93	protection regulation only by an order passed by a majority vote of
94	94	the full membership of the court.
95	95	Sec. 231.277. SPECIAL EXCEPTION. (a) A person aggrieved by
96	96	a protection regulation adopted under Section 231.273(a)(1) may
97	97	petition the commissioners court for a special exception to a
98	98	protection regulation adopted by the commissioners court.
99	99	(b) The commissioners court shall adopt procedures
100	100	governing applications, notice, hearings, and other matters
101	101	relating to the grant of a special exception.
102	102	Sec. 231.278. ENFORCEMENT; PENALTY. (a) The commissioners
103	103	court may adopt orders to enforce this subchapter or an order or
104	104	protection regulation adopted under Section 231.273(a)(1).
105	105	(b) A person commits an offense if the person violates this
106	106	subchapter or an order or protection regulation adopted under
107	107	Section 231.273(a)(1). An offense under this subsection is a
108	108	misdemeanor punishable by a fine of not less than $500 or more than
109	109	$1,000. Each day that a violation occurs constitutes a separate
110	110	offense. Trial shall be in the district court.
111	111	Sec. 231.279. COOPERATION WITH MUNICIPALITIES. The
112	112	commissioners court by order may enter into agreements with any
113	113	municipality located in the county to assist in the implementation
114	114	and enforcement of protection regulations adopted under Section
115	115	231.273(a)(1).
116	116	Sec. 231.280. CONFLICT WITH OTHER LAWS. (a) Except as
117	117	provided by Subsection (b), if a protection regulation adopted
118	118	under Section 231.273(a)(1) imposes higher standards than those
119	119	required under another statute or local order or regulation, the
120	120	regulation adopted under Section 231.273(a)(1) controls. If the
121	121	other statute or local order or regulation imposes higher
122	122	standards, that statute, order, or regulation controls.
123	123	(b) To the extent of a conflict between this subchapter and
124	124	a regulation adopted by a municipal governing body or municipal
125	125	board or commission located in the county with jurisdiction over
126	126	airport zoning, the municipal regulation prevails.
127	127	SECTION 2. The change in law made by Section 231.273, Local
128	128	Government Code, as added by this Act, applies only to a project, as
129	129	that term is defined by Section 245.001, Local Government Code,
130	130	commenced under Chapter 245, Local Government Code, on or after the
131	131	effective date of this Act.
132	132	SECTION 3. This Act takes effect immediately if it receives
133	133	a vote of two-thirds of all the members elected to each house, as
134	134	provided by Section 39, Article III, Texas Constitution. If this
135	135	Act does not receive the vote necessary for immediate effect, this
136	136	Act takes effect September 1, 2009.