Texas 2009 - 81st Regular

Texas House Bill HB2056 Compare Versions

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1	1	81R23191 PAM-F
2	2	By: Gallego H.B. No. 2056
3	3	Substitute the following for H.B. No. 2056:
4	4	By: Corte C.S.H.B. No. 2056
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to granting certain local governments general zoning
10	10	authority around certain military facilities; providing a penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 7, Local Government Code, is
13	13	amended by adding Chapter 241A to read as follows:
14	14	CHAPTER 241A. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIR
15	15	FORCE FACILITY
16	16	Sec. 241A.001. DEFINITIONS. In this chapter:
17	17	(1) "Agricultural use" means use or activity involving
18	18	agriculture.
19	19	(2) "Agriculture" means:
20	20	(A) cultivating the soil to produce crops for
21	21	human food, animal feed, seed for planting, or the production of
22	22	fibers;
23	23	(B) practicing floriculture, viticulture,
24	24	silviculture, or horticulture;
25	25	(C) raising, feeding, or keeping animals for
26	26	breeding purposes or for the production of food, fiber, leather,
27	27	pelts, or other tangible products having commercial value;
28	28	(D) planting cover crops, including cover crops
29	29	cultivated for transplantation, or leaving land idle for the
30	30	purpose of participating in a governmental program or normal crop
31	31	or livestock rotation procedure; or
32	32	(E) wildlife management, including the
33	33	management and control of hunting, fishing, bird-watching,
34	34	sightseeing, and other outdoor recreational activities.
35	35	(3) "Air force facility" means a base or station of the
36	36	United States Air Force.
37	37	(4) "Centerline" and "compatible land use" have the
38	38	meanings assigned by Section 241.003.
39	39	(5) "Controlled compatible land use area" means an
40	40	area of land located outside airport boundaries and within a
41	41	rectangle bounded by lines located not more than five nautical
42	42	miles from the centerline of the primary landing strip and lines
43	43	located not more than five nautical miles from each end of the paved
44	44	surface of the primary landing strip.
45	45	Sec. 241A.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The
46	46	legislature finds that:
47	47	(1) the area that surrounds an air force facility will
48	48	be frequented for military and national security purposes by
49	49	residents from many parts of the state and nation;
50	50	(2) an air force facility is essential to the economic
51	51	viability of the surrounding local community, the state, and the
52	52	nation;
53	53	(3) orderly development and use of the area is of
54	54	concern to the entire state;
55	55	(4) without adequate development regulations, the
56	56	area will tend to become congested and to be used in ways that
57	57	interfere with the proper use of the area as a secure location for
58	58	the continuation of a military establishment; and
59	59	(5) it is imperative for the local community to
60	60	protect the viability of current and future missions at an air force
61	61	facility by ensuring compatible land uses are developed within the
62	62	controlled compatible land use area.
63	63	(b) The powers granted under this chapter are for the
64	64	purposes of:
65	65	(1) promoting the public health, safety, peace,
66	66	morals, and general welfare;
67	67	(2) protecting and preserving places and areas of
68	68	military and national security importance and significance; and
69	69	(3) encouraging state and national security.
70	70	Sec. 241A.003. AREAS SUBJECT TO REGULATION. (a) Except as
71	71	provided by Subsection (b), this chapter applies only to the area
72	72	that extends not more than five nautical miles from the centerline
73	73	and not more than five nautical miles from each end of the paved
74	74	surface of the landing strip at an air force facility located in a
75	75	county with a population of 60,000 or less.
76	76	(b) This chapter does not apply to an area described by
77	77	Subsection (a) that is located in a county:
78	78	(1) with a population of less than 5,000; and
79	79	(2) that is located on an international border.
80	80	Sec. 241A.004. DEVELOPMENT REGULATIONS GENERALLY. (a) The
81	81	governing bodies of a municipality and the county in the regulated
82	82	area through a joint airport zoning board established under Section
83	83	241A.005 may regulate:
84	84	(1) the height, number of stories, and size of
85	85	buildings and other structures;
86	86	(2) the percentage of a lot that may be occupied;
87	87	(3) the size of yards, courts, and other open spaces;
88	88	(4) population density;
89	89	(5) the location and use of buildings, other
90	90	structures, and land for business, industrial, residential, or
91	91	other purposes; and
92	92	(6) the placement of water and sewage facilities,
93	93	landfills, parks, and other required public facilities.
94	94	(b) A regulation adopted under this chapter does not apply
95	95	to a tract of land devoted to agricultural use.
96	96	(c) The governing bodies of a municipality and the county in
97	97	the regulated area shall prepare a written takings impact
98	98	assessment in the manner provided by Section 2007.043, Government
99	99	Code, of a proposed regulation under this chapter.
100	100	Sec. 241A.005. JOINT AIRPORT ZONING BOARD. (a) To exercise
101	101	the authority granted under this chapter, the governing bodies of a
102	102	municipality and the county in the regulated area shall appoint a
103	103	joint airport zoning board to assist in the implementation and
104	104	enforcement of development regulations adopted under this chapter.
105	105	(b) The membership of the board is composed of:
106	106	(1) two members appointed by the county judge of the
107	107	county;
108	108	(2) two members appointed by the presiding officer of
109	109	the governing body of the municipality;
110	110	(3) one member who owns less than 500 acres of land in
111	111	the regulated area appointed jointly by the county judge of the
112	112	county and the presiding officer of the governing body of the
113	113	municipality;
114	114	(4) one member who owns at least 500 acres in the
115	115	regulated area appointed jointly by the county judge of the county
116	116	and the presiding officer of the governing body of the
117	117	municipality; and
118	118	(5) one member appointed jointly by the members
119	119	appointed under Subdivisions (1) through (4), who serves as the
120	120	presiding officer of the board.
121	121	(c) The board shall perform the duties assigned under this
122	122	chapter and other duties as requested by the governing bodies to
123	123	implement this chapter.
124	124	Sec. 241A.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
125	125	AND DISTRICT BOUNDARIES. (a) A development regulation adopted
126	126	under this chapter is not effective until it is adopted by the
127	127	governing bodies of a municipality and the county in the regulated
128	128	area after a joint public hearing. Before the 15th day before the
129	129	date of the hearing, the governing bodies of the municipality and
130	130	the county must publish notice in English and in Spanish of the
131	131	hearing in a newspaper of general circulation in the county.
132	132	(b) The governing bodies of a municipality and the county in
133	133	the regulated area may prohibit or restrict development in the area
134	134	based on recommendations issued in a resolution adopted by the
135	135	joint airport zoning board. The board's recommendations must be
136	136	based on the most recent Air Installation Compatible Use Zone Study
137	137	and the most recent Joint Land Use Study. The governing bodies of a
138	138	municipality and the county may amend regulations adopted under
139	139	this chapter:
140	140	(1) based on amended recommendations issued in a
141	141	resolution adopted by the joint airport zoning board as the studies
142	142	are periodically updated; and
143	143	(2) if each governing body makes findings that the
144	144	conclusions of the studies on which each governing body is basing
145	145	its findings accurately reflect development circumstances in the
146	146	subject area.
147	147	(c) The governing bodies of a municipality and the county in
148	148	the regulated area may adopt or amend a development regulation only
149	149	by an order passed by a majority vote of the full membership of each
150	150	governing body.
151	151	Sec. 241A.007. COMPLIANCE WITH STUDIES AND PLANS.
152	152	Development regulations must be:
153	153	(1) adopted in accordance with the most recent Air
154	154	Installation Compatible Use Zone Study and the most recent Joint
155	155	Land Use Study for growth and development surrounding the air force
156	156	facility;
157	157	(2) adopted in accordance with the county plan for
158	158	growth and development of the county; and
159	159	(3) coordinated with the comprehensive plan of the
160	160	municipality.
161	161	Sec. 241A.008. DISTRICTS. (a) The joint airport zoning
162	162	board may divide the area regulated under this chapter into
163	163	districts of a number, shape, and size the board considers best for
164	164	carrying out this chapter.
165	165	(b) Development regulations may vary from district to
166	166	district.
167	167	Sec. 241A.009. SPECIAL EXCEPTION. (a) A person aggrieved
168	168	by a development regulation adopted under this chapter may petition
169	169	the governing bodies of a municipality and the county in the
170	170	regulated area for a special exception to the development
171	171	regulation. The grant of a special exception requires a majority
172	172	vote of the full membership of each governing body.
173	173	(b) The governing bodies of a municipality and the county in
174	174	the regulated area shall adopt procedures governing applications,
175	175	notice, hearings, and other matters relating to the grant of a
176	176	special exception.
177	177	Sec. 241A.010. ENFORCEMENT; PENALTY. (a) The governing
178	178	bodies of a municipality and the county in the regulated area shall
179	179	adopt ordinances, orders, or development regulations, as
180	180	applicable, to enforce this chapter.
181	181	(b) A person commits an offense if the person violates this
182	182	chapter or an ordinance, order, or development regulation adopted
183	183	under this chapter. An offense under this subsection is a
184	184	misdemeanor punishable by a fine of not less than $500 or more than
185	185	$1,000. Each day that a violation occurs constitutes a separate
186	186	offense. Trial shall be in the district court.
187	187	Sec. 241A.011. COOPERATION AMONG LOCAL ENTITIES. The
188	188	governing bodies of a municipality and the county in the regulated
189	189	area and the joint airport zoning board may enter into an agreement
190	190	to cooperate in the drafting, implementation, and enforcement of
191	191	development regulations adopted under this chapter.
192	192	SECTION 2. This Act takes effect September 1, 2009.