81R23191 PAM-F
By: Gallego H.B. No. 2056
Substitute the following for H.B. No. 2056:
By: Corte C.S.H.B. No. 2056
A BILL TO BE ENTITLED
AN ACT
relating to granting certain local governments general zoning
authority around certain military facilities; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 241A to read as follows:
CHAPTER 241A. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIR
FORCE FACILITY
Sec. 241A.001. DEFINITIONS. In this chapter:
(1) "Agricultural use" means use or activity involving
agriculture.
(2) "Agriculture" means:
(A) cultivating the soil to produce crops for
human food, animal feed, seed for planting, or the production of
fibers;
(B) practicing floriculture, viticulture,
silviculture, or horticulture;
(C) raising, feeding, or keeping animals for
breeding purposes or for the production of food, fiber, leather,
pelts, or other tangible products having commercial value;
(D) planting cover crops, including cover crops
cultivated for transplantation, or leaving land idle for the
purpose of participating in a governmental program or normal crop
or livestock rotation procedure; or
(E) wildlife management, including the
management and control of hunting, fishing, bird-watching,
sightseeing, and other outdoor recreational activities.
(3) "Air force facility" means a base or station of the
United States Air Force.
(4) "Centerline" and "compatible land use" have the
meanings assigned by Section 241.003.
(5) "Controlled compatible land use area" means an
area of land located outside airport boundaries and within a
rectangle bounded by lines located not more than five nautical
miles from the centerline of the primary landing strip and lines
located not more than five nautical miles from each end of the paved
surface of the primary landing strip.
Sec. 241A.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the area that surrounds an air force facility will
be frequented for military and national security purposes by
residents from many parts of the state and nation;
(2) an air force facility is essential to the economic
viability of the surrounding local community, the state, and the
nation;
(3) orderly development and use of the area is of
concern to the entire state;
(4) without adequate development regulations, the
area will tend to become congested and to be used in ways that
interfere with the proper use of the area as a secure location for
the continuation of a military establishment; and
(5) it is imperative for the local community to
protect the viability of current and future missions at an air force
facility by ensuring compatible land uses are developed within the
controlled compatible land use area.
(b) The powers granted under this chapter are for the
purposes of:
(1) promoting the public health, safety, peace,
morals, and general welfare;
(2) protecting and preserving places and areas of
military and national security importance and significance; and
(3) encouraging state and national security.
Sec. 241A.003. AREAS SUBJECT TO REGULATION. (a) Except as
provided by Subsection (b), this chapter applies only to the area
that extends not more than five nautical miles from the centerline
and not more than five nautical miles from each end of the paved
surface of the landing strip at an air force facility located in a
county with a population of 60,000 or less.
(b) This chapter does not apply to an area described by
Subsection (a) that is located in a county:
(1) with a population of less than 5,000; and
(2) that is located on an international border.
Sec. 241A.004. DEVELOPMENT REGULATIONS GENERALLY. (a) The
governing bodies of a municipality and the county in the regulated
area through a joint airport zoning board established under Section
241A.005 may regulate:
(1) the height, number of stories, and size of
buildings and other structures;
(2) the percentage of a lot that may be occupied;
(3) the size of yards, courts, and other open spaces;
(4) population density;
(5) the location and use of buildings, other
structures, and land for business, industrial, residential, or
other purposes; and
(6) the placement of water and sewage facilities,
landfills, parks, and other required public facilities.
(b) A regulation adopted under this chapter does not apply
to a tract of land devoted to agricultural use.
(c) The governing bodies of a municipality and the county in
the regulated area shall prepare a written takings impact
assessment in the manner provided by Section 2007.043, Government
Code, of a proposed regulation under this chapter.
Sec. 241A.005. JOINT AIRPORT ZONING BOARD. (a) To exercise
the authority granted under this chapter, the governing bodies of a
municipality and the county in the regulated area shall appoint a
joint airport zoning board to assist in the implementation and
enforcement of development regulations adopted under this chapter.
(b) The membership of the board is composed of:
(1) two members appointed by the county judge of the
county;
(2) two members appointed by the presiding officer of
the governing body of the municipality;
(3) one member who owns less than 500 acres of land in
the regulated area appointed jointly by the county judge of the
county and the presiding officer of the governing body of the
municipality;
(4) one member who owns at least 500 acres in the
regulated area appointed jointly by the county judge of the county
and the presiding officer of the governing body of the
municipality; and
(5) one member appointed jointly by the members
appointed under Subdivisions (1) through (4), who serves as the
presiding officer of the board.
(c) The board shall perform the duties assigned under this
chapter and other duties as requested by the governing bodies to
implement this chapter.
Sec. 241A.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
AND DISTRICT BOUNDARIES. (a) A development regulation adopted
under this chapter is not effective until it is adopted by the
governing bodies of a municipality and the county in the regulated
area after a joint public hearing. Before the 15th day before the
date of the hearing, the governing bodies of the municipality and
the county must publish notice in English and in Spanish of the
hearing in a newspaper of general circulation in the county.
(b) The governing bodies of a municipality and the county in
the regulated area may prohibit or restrict development in the area
based on recommendations issued in a resolution adopted by the
joint airport zoning board. The board's recommendations must be
based on the most recent Air Installation Compatible Use Zone Study
and the most recent Joint Land Use Study. The governing bodies of a
municipality and the county may amend regulations adopted under
this chapter:
(1) based on amended recommendations issued in a
resolution adopted by the joint airport zoning board as the studies
are periodically updated; and
(2) if each governing body makes findings that the
conclusions of the studies on which each governing body is basing
its findings accurately reflect development circumstances in the
subject area.
(c) The governing bodies of a municipality and the county in
the regulated area may adopt or amend a development regulation only
by an order passed by a majority vote of the full membership of each
governing body.
Sec. 241A.007. COMPLIANCE WITH STUDIES AND PLANS.
Development regulations must be:
(1) adopted in accordance with the most recent Air
Installation Compatible Use Zone Study and the most recent Joint
Land Use Study for growth and development surrounding the air force
facility;
(2) adopted in accordance with the county plan for
growth and development of the county; and
(3) coordinated with the comprehensive plan of the
municipality.
Sec. 241A.008. DISTRICTS. (a) The joint airport zoning
board may divide the area regulated under this chapter into
districts of a number, shape, and size the board considers best for
carrying out this chapter.
(b) Development regulations may vary from district to
district.
Sec. 241A.009. SPECIAL EXCEPTION. (a) A person aggrieved
by a development regulation adopted under this chapter may petition
the governing bodies of a municipality and the county in the
regulated area for a special exception to the development
regulation. The grant of a special exception requires a majority
vote of the full membership of each governing body.
(b) The governing bodies of a municipality and the county in
the regulated area shall adopt procedures governing applications,
notice, hearings, and other matters relating to the grant of a
special exception.
Sec. 241A.010. ENFORCEMENT; PENALTY. (a) The governing
bodies of a municipality and the county in the regulated area shall
adopt ordinances, orders, or development regulations, as
applicable, to enforce this chapter.
(b) A person commits an offense if the person violates this
chapter or an ordinance, order, or development regulation adopted
under this chapter. An offense under this subsection is a
misdemeanor punishable by a fine of not less than $500 or more than
$1,000. Each day that a violation occurs constitutes a separate
offense. Trial shall be in the district court.
Sec. 241A.011. COOPERATION AMONG LOCAL ENTITIES. The
governing bodies of a municipality and the county in the regulated
area and the joint airport zoning board may enter into an agreement
to cooperate in the drafting, implementation, and enforcement of
development regulations adopted under this chapter.
SECTION 2. This Act takes effect September 1, 2009.