81R26723 ATP-D
By: King of Taylor, Vaught H.B. No. 2919
Substitute the following for H.B. No. 2919:
By: Corte C.S.H.B. No. 2919
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of land use to ensure compatible
development with military facilities in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 397.005, Local Government Code, is
amended to read as follows:
Sec. 397.005. CONSULTATION WITH DEFENSE BASE AUTHORITIES:
PROPOSED ORDINANCE, RULE, OR PLAN. (a) This subsection applies to
a defense community other than a defense community described by
Subsection (b). If a defense community determines that an
ordinance, rule, or plan proposed by the community may impact a
defense base or the military exercise or training activities
connected to the base, the defense community shall seek comments
and analysis from the defense base authorities concerning the
compatibility of the proposed ordinance, rule, or plan with base
operations. The defense community shall consider and analyze the
comments and analysis before making a final determination relating
to the proposed ordinance, rule, or plan.
(b) This subsection applies only to a defense community that
includes a municipality with a population of more than 110,000
located in a county with a population of less than 135,000 and that
has not adopted airport zoning regulations under Chapter 241. A
defense community that proposes to adopt or amend an ordinance,
rule, or plan in an area located within eight miles of the boundary
line of a defense base or the military exercise or training
activities connected to the base shall seek comments and analysis
from the defense base authorities concerning the compatibility of
the proposed ordinance, rule, or plan with base operations.
(c) A defense community described by Subsection (b) shall
consider and analyze any comments and analysis received from the
defense base authorities under Subsection (b) before making a final
determination relating to the proposed ordinance, rule, or plan.
The defense community described by Subsection (b) may not make a
final determination under this subsection until the 31st day after
the date comments and analysis are requested under Subsection (b).
SECTION 2. Chapter 397, Local Government Code, is amended
by adding Section 397.006 to read as follows:
Sec. 397.006. CONSULTATION WITH DEFENSE BASE AUTHORITIES:
PROPOSED STRUCTURE. (a) This section applies only to a defense
community that includes a municipality with a population of more
than 110,000 located in a county with a population of less than
135,000 and that has not adopted airport zoning regulations under
Chapter 241.
(b) On receipt of an application for a permit as described
by Section 245.001 for a proposed structure in an area located
within eight miles of the boundary line of a defense base or the
military exercise or training activities connected to the base, the
defense community reviewing the application shall seek comments and
analysis from the defense base authorities concerning the
compatibility of the proposed structure with base operations.
(c) The defense community shall consider and analyze any
comments and analysis received from the defense base authorities
under Subsection (b) before making a final determination relating
to approval of the permit for the proposed structure. The defense
community may not make a final determination under this subsection
until the earlier of the date comments and analysis are received
from the defense base authorities or the fifth business day after
the date comments and analysis are requested under Subsection (b).
In this subsection, "business day" means any day other than a
Saturday, Sunday, or state or federal holiday.
(d) This section does not apply if a defense community is
required to take immediate action on an application to protect the
public health, safety, or welfare of residents of the defense
community.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.