Texas 2009 - 81st Regular

Texas House Bill HB2919 Compare Versions

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1	1	H.B. No. 2919
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of land use and the creation of regional
6	6	military sustainability commissions to ensure compatible
7	7	development with military installations in certain areas.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 397.005, Local Government Code, is
10	10	amended to read as follows:
11	11	Sec. 397.005. CONSULTATION WITH DEFENSE BASE AUTHORITIES:
12	12	PROPOSED ORDINANCE, RULE, OR PLAN. (a) This subsection applies to
13	13	a defense community other than a defense community described by
14	14	Subsection (b). If a defense community determines that an
15	15	ordinance, rule, or plan proposed by the community may impact a
16	16	defense base or the military exercise or training activities
17	17	connected to the base, the defense community shall seek comments
18	18	and analysis from the defense base authorities concerning the
19	19	compatibility of the proposed ordinance, rule, or plan with base
20	20	operations. The defense community shall consider and analyze the
21	21	comments and analysis before making a final determination relating
22	22	to the proposed ordinance, rule, or plan.
23	23	(b) This subsection applies only to a defense community that
24	24	includes a municipality with a population of more than 110,000
25	25	located in a county with a population of less than 135,000 and that
26	26	has not adopted airport zoning regulations under Chapter 241. A
27	27	defense community that proposes to adopt or amend an ordinance,
28	28	rule, or plan in an area located within eight miles of the boundary
29	29	line of a defense base or the military exercise or training
30	30	activities connected to the base shall seek comments and analysis
31	31	from the defense base authorities concerning the compatibility of
32	32	the proposed ordinance, rule, or plan with base operations.
33	33	(c) A defense community described by Subsection (b) shall
34	34	consider and analyze any comments and analysis received from the
35	35	defense base authorities under Subsection (b) before making a final
36	36	determination relating to the proposed ordinance, rule, or plan.
37	37	The defense community described by Subsection (b) may not make a
38	38	final determination under this subsection until the 31st day after
39	39	the date comments and analysis are requested under Subsection (b).
40	40	SECTION 2. Chapter 397, Local Government Code, is amended
41	41	by adding Section 397.006 to read as follows:
42	42	Sec. 397.006. CONSULTATION WITH DEFENSE BASE AUTHORITIES:
43	43	PROPOSED STRUCTURE. (a) This section applies only to a defense
44	44	community that includes a municipality with a population of more
45	45	than 110,000 located in a county with a population of less than
46	46	135,000 and that has not adopted airport zoning regulations under
47	47	Chapter 241.
48	48	(b) On receipt of an application for a permit as described
49	49	by Section 245.001 for a proposed structure in an area located
50	50	within eight miles of the boundary line of a defense base or the
51	51	military exercise or training activities connected to the base, the
52	52	defense community reviewing the application shall seek comments and
53	53	analysis from the defense base authorities concerning the
54	54	compatibility of the proposed structure with base operations.
55	55	(c) The defense community shall consider and analyze any
56	56	comments and analysis received from the defense base authorities
57	57	under Subsection (b) before making a final determination relating
58	58	to approval of the permit for the proposed structure. The defense
59	59	community may not make a final determination under this subsection
60	60	until the earlier of the date comments and analysis are received
61	61	from the defense base authorities or the fifth business day after
62	62	the date comments and analysis are requested under Subsection (b).
63	63	In this subsection, "business day" means any day other than a
64	64	Saturday, Sunday, or state or federal holiday.
65	65	(d) This section does not apply if a defense community is
66	66	required to take immediate action on an application to protect the
67	67	public health, safety, or welfare of residents of the defense
68	68	community.
69	69	SECTION 3. Subtitle C, Title 12, Local Government Code, is
70	70	amended by adding Chapter 397A to read as follows:
71	71	CHAPTER 397A. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS
72	72	RELATING TO CERTAIN MILITARY INSTALLATIONS
73	73	SUBCHAPTER A. GENERAL PROVISIONS
74	74	Sec. 397A.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
75	75	legislature finds that:
76	76	(1) the areas that surround military installations
77	77	will be frequented for military, national security, and
78	78	international training purposes by residents from many parts of the
79	79	state, nation, and world;
80	80	(2) compatible development and use of those areas is
81	81	of concern to the state and nation; and
82	82	(3) without adequate regulation, the areas will tend
83	83	to become incompatible with military missions and will be used in
84	84	ways that interfere with:
85	85	(A) the proper continued use of those areas as
86	86	secure locations for military installations and missions; and
87	87	(B) the effective operation of the military
88	88	installations and missions.
89	89	(b) The powers granted under this chapter are for the
90	90	purposes of:
91	91	(1) promoting the public health, safety, and general
92	92	welfare;
93	93	(2) protecting and preserving places and areas of
94	94	military and national security importance and significance;
95	95	(3) protecting critical military missions and
96	96	operations related to those missions; and
97	97	(4) ensuring state and national security.
98	98	(c) This chapter may not be interpreted to grant regulatory
99	99	powers to administer Chapter 245 or to amend a protection or benefit
100	100	provided by Chapter 245.
101	101	[Sections 397A.002-397A.050 reserved for expansion]
102	102	SUBCHAPTER B. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN
103	103	POPULOUS AREAS
104	104	Sec. 397A.051. APPLICABILITY. (a) A regulation or
105	105	compatible development standard adopted under this subchapter does
106	106	not apply to:
107	107	(1) a tract of land used for a single-family residence
108	108	that is located outside the boundaries of a platted subdivision;
109	109	(2) a tract of land in agricultural use;
110	110	(3) an activity or a structure or appurtenance on a
111	111	tract of land in agricultural use; or
112	112	(4) an area designated as part of the commission's
113	113	territory under Section 397A.052 that is subject to the
114	114	jurisdiction of a regulatory agency as defined by Section 245.001,
115	115	and that, on the effective date of the Act adding this chapter, is:
116	116	(A) within the boundaries of a project as defined
117	117	by Section 245.001 and any revision to the project that has accrued
118	118	rights under Chapter 245;
119	119	(B) the subject of a permit as defined by Section
120	120	245.001 issued by or a permit application filed with a regulatory
121	121	agency as defined by Section 245.001; or
122	122	(C) subject to a plan for development or plat
123	123	application filed with a regulatory agency as defined by Section
124	124	245.001.
125	125	(b) In this section:
126	126	(1) "Agricultural use" means use or activity involving
127	127	agriculture.
128	128	(2) "Agriculture" means:
129	129	(A) cultivating the soil to produce crops for
130	130	human food, animal feed, seed for planting, or the production of
131	131	fibers;
132	132	(B) practicing floriculture, viticulture,
133	133	silviculture, or horticulture;
134	134	(C) raising, feeding, or keeping animals for
135	135	breeding purposes or for the production of food, fiber, leather,
136	136	pelts, or other tangible products having commercial value;
137	137	(D) planting cover crops, including cover crops
138	138	cultivated for transplantation, or leaving land idle for the
139	139	purpose of participating in a government program or normal crop or
140	140	livestock rotation procedure; or
141	141	(E) engaging in wildlife management.
142	142	(c) A term used in this subchapter that is defined or used in
143	143	Chapter 245 has the meaning assigned by Chapter 245.
144	144	Sec. 397A.052. CREATION OF REGIONAL MILITARY
145	145	SUSTAINABILITY COMMISSION. (a) A county with unincorporated area
146	146	located within five miles of the boundary line of a military
147	147	installation, and a municipality with a population of 1.1 million
148	148	or more and with extraterritorial jurisdiction located within five
149	149	miles of the boundary line of a military installation, each of
150	150	which, with respect to the same military installation, constitutes
151	151	a defense community as defined by Section 397.001, may agree by
152	152	order, ordinance, or other means to establish and fund a regional
153	153	military sustainability commission under this subchapter in an area
154	154	that is located:
155	155	(1) in the same county as the active military
156	156	installation; and
157	157	(2) in the extraterritorial jurisdiction of the
158	158	municipality.
159	159	(b) Defense communities may not establish more than one
160	160	commission in a county.
161	161	(c) Except as provided by Subsection (d), a commission's
162	162	territory consists of the unincorporated area located within two
163	163	miles of the boundary line of a military installation designated as
164	164	the commission's territory when the commission is established.
165	165	(d) If a military installation is engaged in flight training
166	166	at the time a commission is established under this section, the
167	167	commission's territory consists of the unincorporated area located
168	168	within three miles of the boundary line of the military
169	169	installation.
170	170	(e) This subchapter shall be narrowly construed in
171	171	conformity with the findings and purposes under Section 397A.001.
172	172	Sec. 397A.053. HEARING ON CREATION OF COMMISSION. (a) Not
173	173	earlier than the 60th day or later than the 30th day before the date
174	174	the governing body of each participating governmental entity
175	175	establishes a regional military sustainability commission, each
176	176	governing body shall hold two public hearings to consider the
177	177	creation of the proposed commission. Each governing body must, at
178	178	least seven days before each public hearing, prominently post
179	179	notice of the hearing in the administrative offices of the
180	180	governmental entity and publish notice of the hearing in a
181	181	newspaper of general circulation, if any, in the proposed
182	182	territory.
183	183	(b) The notice required by Subsection (a) must:
184	184	(1) state the date, time, and place for the public
185	185	hearing;
186	186	(2) identify the boundaries of the proposed territory,
187	187	including a map of the proposed territory; and
188	188	(3) provide a description of the proposed commission's
189	189	functions.
190	190	Sec. 397A.054. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
191	191	COMMISSION. (a) The regional military sustainability commission
192	192	is composed of not more than nine members.
193	193	(b) Participating governmental entities may by joint
194	194	agreement determine the number, qualifications, and method of
195	195	selecting members of a commission.
196	196	(c) A member of a commission may not be an elected official
197	197	of a participating county or municipality.
198	198	Sec. 397A.055. COMMISSION REVIEW OF NEW PROJECTS. (a) In
199	199	this section, "new project" means a project, as that term is defined
200	200	by Section 245.001, for which an application for a permit that will
201	201	establish a vesting date under Chapter 245 has not been submitted to
202	202	a regulatory agency before the effective date of the Act adding this
203	203	chapter. The term does not include a revision to a project
204	204	commenced before the effective date of the Act adding this chapter.
205	205	(b) A regional military sustainability commission shall
206	206	establish an advisory committee and appoint six members to the
207	207	committee. Three of the members appointed to the committee must
208	208	represent the military installation for which the commission is
209	209	established and three members must represent landowners in the area
210	210	surrounding the military installation. The committee shall advise
211	211	the commission on protecting the critical military missions of the
212	212	military installation with regard to development.
213	213	(c) On receipt of an application for a permit for a new
214	214	project in the commission's territory, the governing body of the
215	215	participating governmental entity shall review the application and
216	216	request a report from the commission regarding the proposed
217	217	project. The commission, with the advice of the advisory
218	218	committee, shall review the compatibility of the new project with
219	219	the military installation's military missions and related
220	220	operations based on the commission's compatible development
221	221	standards. The commission shall submit a report of its findings,
222	222	including a recommendation regarding compatibility, to the
223	223	reviewing governmental entity not later than the 30th calendar day
224	224	after the date the request was made. The report must include an
225	225	estimate of the fiscal impact on the affected property of any
226	226	recommendations submitted by the commission, if the fiscal impact
227	227	is determinable based on the project description and other
228	228	information provided by the developer.
229	229	(d) The reviewing governmental entity may not take action on
230	230	the permit application until it receives the report of the
231	231	commission. If the commission finds that the proposed new project
232	232	is not compatible with the military installation's missions and
233	233	recommends denial of the permit application, the reviewing
234	234	governmental entity may disapprove the permit application.
235	235	(e) On annexation of an area in the commission's territory
236	236	for full or limited purposes by a municipality, the area is removed
237	237	from the commission's territory. If the municipality disannexes
238	238	the area, the area is included in the commission's territory.
239	239	Sec. 397A.056. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
240	240	(a) Before exercising the duties described by Section 397A.055, a
241	241	regional military sustainability commission shall recommend
242	242	compatible development standards for the territory. The commission
243	243	must consider, as part of the regional compatible development
244	244	standards, standards required by the Federal Aviation
245	245	Administration regulations for military installations that service
246	246	aircraft and helicopters. The commission shall submit the proposed
247	247	compatible development standards to the participating governmental
248	248	entities for approval.
249	249	(b) Before taking action to approve or reject the compatible
250	250	development standards proposed by the commission, the
251	251	participating governmental entities shall:
252	252	(1) provide notice of the commission's proposed
253	253	compatible development standards to property owners in the
254	254	commission's territory, as determined by the most recent county tax
255	255	roll; and
256	256	(2) publish notice of the commission's proposed
257	257	compatible development standards in a newspaper of general
258	258	circulation, if any, in the commission's territory.
259	259	(c) The failure of notice to reach each property owner under
260	260	Subsection (b) does not invalidate compatible development
261	261	standards adopted under this section.
262	262	(d) The compatible development standards are final after
263	263	approval by a majority vote of each participating governmental
264	264	entity. Notice of the final compatible development standards must
265	265	be provided to all appropriate taxing entities for filing in the
266	266	real property records of the county.
267	267	(e) The commission may include in the proposed compatible
268	268	development standards a recommendation to a participating
269	269	governmental entity to purchase property in the commission's
270	270	territory as practical to protect a critical military mission.
271	271	(f) The commission may recommend amendments to approved
272	272	compatible development standards. The participating governmental
273	273	entities may approve the commission's proposed standards under
274	274	procedures adopted by the entities.
275	275	Sec. 397A.057. COORDINATION WITH OTHER PLANS AND STUDIES.
276	276	The compatible development standards and regulations adopted under
277	277	this subchapter must be coordinated with:
278	278	(1) the county plan for growth and development of the
279	279	participating county or a county located in the regional military
280	280	sustainability commission's territory;
281	281	(2) the comprehensive plan of the participating
282	282	municipality; and
283	283	(3) the most recent Joint Land Use Study, if the
284	284	commission makes a finding that the conclusions of the study
285	285	accurately reflect circumstances in the territory.
286	286	Sec. 397A.058. CONFLICT WITH OTHER LAWS. Except with
287	287	respect to Chapter 245, if a regulation adopted under this
288	288	subchapter conflicts with a standard imposed under another statute
289	289	or local order or regulation, the more stringent standard controls.
290	290	Sec. 397A.059. FUNDS. (a) A participating governmental
291	291	entity may appropriate funds to the commission for the costs and
292	292	expenses required in the performance of the commission's purposes.
293	293	(b) A commission may apply for, contract for, receive, and
294	294	expend for its purposes a grant or funds from a participating
295	295	governmental entity, the state, the federal government, or any
296	296	other source.
297	297	Sec. 397A.060. WITHDRAWAL FROM COMMISSION. A participating
298	298	governmental entity may withdraw from a regional military
299	299	sustainability commission:
300	300	(1) by a two-thirds vote of its governing body; and
301	301	(2) after providing notice to the relevant military
302	302	installation commander not later than the 45th day before the date
303	303	of the vote under Subdivision (1).
304	304	Sec. 397A.061. EXPIRATION AFTER MILITARY INSTALLATION
305	305	CLOSURE. A regional military sustainability commission that has
306	306	territory around a military installation that is closed by the
307	307	federal government and the regional compatible development
308	308	standards for the commission's territory may continue in effect
309	309	until the fourth anniversary of the date the military installation
310	310	is closed.
311	311	Sec. 397A.062. JUDICIAL REVIEW OF COMMISSION OR
312	312	GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
313	313	of this subchapter, a landowner aggrieved by a report submitted by
314	314	the regional military sustainability commission or by a permit
315	315	application decision of the participating governmental entity
316	316	under this subchapter may appeal all or part of the report or permit
317	317	application decision to a district court. The court may reverse or
318	318	modify, wholly or partly, the report submitted by the commission or
319	319	the permit application decision that is appealed.
320	320	[Sections 397A.063-397A.100 reserved for expansion]
321	321	SUBCHAPTER C. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN LESS
322	322	POPULOUS AREAS
323	323	Sec. 397A.101. APPLICABILITY. (a) A regulation or
324	324	compatible development standard adopted under this subchapter does
325	325	not apply to:
326	326	(1) an area located in a county with a population of
327	327	less than 5,000 that is adjacent to an international border;
328	328	(2) a tract of land used for a single-family residence
329	329	that is located outside the boundaries of a platted subdivision;
330	330	(3) a tract of land in agricultural use;
331	331	(4) an activity or a structure or appurtenance on a
332	332	tract of land in agricultural use; or
333	333	(5) any activity or a project, as that term is defined
334	334	by Section 245.001, that is:
335	335	(A) occurring or in existence on the effective
336	336	date of the Act adding this chapter; or
337	337	(B) receiving the benefits of or protected under
338	338	Chapter 245.
339	339	(b) In this section, "agricultural use" and "agriculture"
340	340	have the meanings assigned by Section 397A.051.
341	341	Sec. 397A.102. CREATION OF REGIONAL MILITARY
342	342	SUSTAINABILITY COMMISSION. (a) A county with a population of
343	343	60,000 or less and a municipality that, with respect to the same
344	344	active military installation, constitutes a defense community, as
345	345	defined by Section 397.001, may agree by order, ordinance, or other
346	346	means to establish and fund a regional military sustainability
347	347	commission under this subchapter in an area that is located:
348	348	(1) in the same county as the active military
349	349	installation; and
350	350	(2) in the extraterritorial jurisdiction of the
351	351	municipality.
352	352	(b) Defense communities may not establish more than one
353	353	commission in a county.
354	354	(c) A commission's territory consists of the unincorporated
355	355	area located within five miles of the boundary line of a military
356	356	installation designated as the commission's territory when the
357	357	commission is established.
358	358	(d) This subchapter shall be narrowly construed in
359	359	conformity with the findings and purposes under Section 397A.001.
360	360	Sec. 397A.103. HEARING ON CREATION OF COMMISSION. (a) Not
361	361	earlier than the 60th day or later than the 30th day before the date
362	362	the governing body of each participating governmental entity
363	363	establishes a regional military sustainability commission, each
364	364	governing body shall hold two public hearings to consider the
365	365	creation of the proposed commission. Each governing body must, at
366	366	least seven days before each public hearing, prominently post
367	367	notice of the hearing in the administrative offices of the
368	368	governmental entity and publish notice of the hearing in a
369	369	newspaper of general circulation, if any, in the proposed
370	370	territory.
371	371	(b) The notice required by Subsection (a) must:
372	372	(1) state the date, time, and place for the public
373	373	hearing;
374	374	(2) identify the boundaries of the proposed territory,
375	375	including a map of the proposed territory; and
376	376	(3) provide a description of the proposed commission's
377	377	functions.
378	378	Sec. 397A.104. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
379	379	COMMISSION. (a) The regional military sustainability commission
380	380	is composed of not more than nine members.
381	381	(b) Participating governmental entities may by joint
382	382	agreement determine the number, qualifications, and method of
383	383	selecting members of a commission.
384	384	(c) A member of a commission may not be an elected official
385	385	of a participating county or municipality.
386	386	Sec. 397A.105. COMMISSION REVIEW OF NEW PROJECTS. (a) In
387	387	this section, "new project" means a project, as that term is defined
388	388	by Section 245.001, for which an application for a permit that will
389	389	establish a vesting date under Chapter 245 has not been submitted to
390	390	a regulatory agency before the effective date of the Act adding this
391	391	chapter, including a water contract, sewer contract, or master
392	392	plan.
393	393	(b) A regional military sustainability commission shall
394	394	establish an advisory committee and appoint six members to the
395	395	committee. Three of the members appointed to the committee must
396	396	represent the military installation for which the commission is
397	397	established and three members must represent landowners in the area
398	398	surrounding the military installation. The committee shall advise
399	399	the commission on protecting the critical military missions of the
400	400	military installation with regard to development.
401	401	(c) On receipt of an application for a permit for a new
402	402	project in the commission's territory, the governing body of the
403	403	participating governmental entity shall review the application and
404	404	request a report from the commission regarding the proposed
405	405	project. The commission, with the advice of the advisory
406	406	committee, shall review the compatibility of the new project with
407	407	the military installation's military missions and related
408	408	operations based on the commission's compatible development
409	409	standards. The commission shall submit a report of its findings,
410	410	including a recommendation regarding compatibility, to the
411	411	reviewing governmental entity not later than the 15th calendar day
412	412	after the date the request was made. The report must include an
413	413	estimate of the fiscal impact on the affected property of any
414	414	recommendations submitted by the commission as part of the report.
415	415	(d) The reviewing governmental entity may not take action on
416	416	the permit application until it receives the report of the
417	417	commission. If the commission finds that the proposed new project
418	418	is not compatible with the military installation's missions and
419	419	recommends denial of the permit application, the reviewing
420	420	governmental entity may disapprove the permit application.
421	421	(e) On annexation of an area in the commission's territory
422	422	for full or limited purposes by a municipality, the area is removed
423	423	from the commission's territory. If the municipality disannexes
424	424	the area, the area is included in the commission's territory.
425	425	Sec. 397A.106. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
426	426	(a) Before exercising the duties described by Section 397A.105, a
427	427	regional military sustainability commission shall recommend
428	428	compatible development standards for the territory. The commission
429	429	must consider, as part of the regional compatible development
430	430	standards, the Federal Aviation Administration regulations
431	431	regarding height restrictions surrounding a military installation
432	432	that services aircraft and helicopters. The commission shall
433	433	submit the proposed compatible development standards to the
434	434	participating governmental entities for approval.
435	435	(b) Before taking action to approve or reject the compatible
436	436	development standards proposed by the commission, the
437	437	participating governmental entities shall:
438	438	(1) provide notice of the commission's proposed
439	439	compatible development standards to property owners in the
440	440	commission's territory, as determined by the most recent county tax
441	441	roll; and
442	442	(2) publish notice of the commission's proposed
443	443	compatible development standards in a newspaper of general
444	444	circulation, if any, in the commission's territory.
445	445	(c) The failure of notice to reach each property owner under
446	446	Subsection (b) does not invalidate compatible development
447	447	standards adopted under this section.
448	448	(d) The compatible development standards are final after
449	449	approval by a majority vote of each participating governmental
450	450	entity. Notice of the final compatible development standards must
451	451	be provided to all appropriate taxing entities for filing in the
452	452	real property records of the county.
453	453	(e) The commission may include in the proposed compatible
454	454	development standards a recommendation to a participating
455	455	governmental entity to purchase property in the commission's
456	456	territory as practical to protect a critical military mission.
457	457	(f) The commission may recommend amendments to approved
458	458	compatible development standards. The participating governmental
459	459	entities may approve the commission's proposed standards under
460	460	procedures adopted by the entities.
461	461	Sec. 397A.107. COORDINATION WITH OTHER PLANS AND STUDIES.
462	462	The compatible development standards and regulations adopted under
463	463	this subchapter must be coordinated with:
464	464	(1) the county plan for growth and development of the
465	465	participating county or a county located in the regional military
466	466	sustainability commission's territory;
467	467	(2) the comprehensive plan of the participating
468	468	municipality; and
469	469	(3) the most recent Joint Land Use Study, if the
470	470	commission makes a finding that the conclusions of the study
471	471	accurately reflect circumstances in the territory.
472	472	Sec. 397A.108. CONFLICT WITH OTHER LAWS. Except with
473	473	respect to Chapter 245, if a regulation adopted under this
474	474	subchapter conflicts with a standard imposed under another statute
475	475	or local order or regulation, the more stringent standard controls.
476	476	Sec. 397A.109. FUNDS. (a) A participating governmental
477	477	entity may appropriate funds to the commission for the costs and
478	478	expenses required in the performance of the commission's purposes.
479	479	(b) A commission may apply for, contract for, receive, and
480	480	expend for its purposes a grant or funds from a participating
481	481	governmental entity, the state, the federal government, or any
482	482	other source.
483	483	Sec. 397A.110. WITHDRAWAL FROM COMMISSION. A participating
484	484	governmental entity may withdraw from a regional military
485	485	sustainability commission:
486	486	(1) by a two-thirds vote of its governing body; and
487	487	(2) after providing notice to the relevant military
488	488	installation commander not later than the 45th day before the date
489	489	of the vote under Subdivision (1).
490	490	Sec. 397A.111. EXPIRATION AFTER MILITARY INSTALLATION
491	491	CLOSURE. A regional military sustainability commission that has
492	492	territory around a military installation that is closed by the
493	493	federal government and the regional compatible development
494	494	standards for the commission's territory may continue in effect
495	495	until the fourth anniversary of the date the military installation
496	496	is closed.
497	497	Sec. 397A.112. JUDICIAL REVIEW OF COMMISSION OR
498	498	GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
499	499	of this subchapter, a landowner aggrieved by a report submitted by
500	500	the regional military sustainability commission or by a permit
501	501	application decision of the participating governmental entity
502	502	under this subchapter may appeal all or part of the report or permit
503	503	application decision to a district court, county court, or county
504	504	court at law. The court may reverse or modify, wholly or partly,
505	505	the report submitted by the commission or the permit application
506	506	decision that is appealed.
507	507	SECTION 4. This Act takes effect immediately if it receives
508	508	a vote of two-thirds of all the members elected to each house, as
509	509	provided by Section 39, Article III, Texas Constitution. If this
510	510	Act does not receive the vote necessary for immediate effect, this
511	511	Act takes effect September 1, 2009.
512	512	______________________________ ______________________________
513	513	President of the Senate Speaker of the House
514	514	I certify that H.B. No. 2919 was passed by the House on May
515	515	14, 2009, by the following vote: Yeas 135, Nays 0, 1 present, not
516	516	voting; that the House refused to concur in Senate amendments to
517	517	H.B. No. 2919 on May 29, 2009, and requested the appointment of a
518	518	conference committee to consider the differences between the two
519	519	houses; and that the House adopted the conference committee report
520	520	on H.B. No. 2919 on May 31, 2009, by the following vote: Yeas 134,
521	521	Nays 5, 1 present, not voting.
522	522	______________________________
523	523	Chief Clerk of the House
524	524	I certify that H.B. No. 2919 was passed by the Senate, with
525	525	amendments, on May 26, 2009, by the following vote: Yeas 29, Nays
526	526	2; at the request of the House, the Senate appointed a conference
527	527	committee to consider the differences between the two houses; and
528	528	that the Senate adopted the conference committee report on H.B. No.
529	529	2919 on May 31, 2009, by the following vote: Yeas 29, Nays 2.
530	530	______________________________
531	531	Secretary of the Senate
532	532	APPROVED: __________________
533	533	Date
534	534	__________________
535	535	Governor