H.B. No. 2919
AN ACT
relating to the regulation of land use and the creation of regional
military sustainability commissions to ensure compatible
development with military installations in certain areas.
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. Subtitle C, Title 12, Local Government Code, is
amended by adding Chapter 397A to read as follows:
CHAPTER 397A. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS
RELATING TO CERTAIN MILITARY INSTALLATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 397A.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the areas that surround military installations
will be frequented for military, national security, and
international training purposes by residents from many parts of the
state, nation, and world;
(2) compatible development and use of those areas is
of concern to the state and nation; and
(3) without adequate regulation, the areas will tend
to become incompatible with military missions and will be used in
ways that interfere with:
(A) the proper continued use of those areas as
secure locations for military installations and missions; and
(B) the effective operation of the military
installations and missions.
(b) The powers granted under this chapter are for the
purposes of:
(1) promoting the public health, safety, and general
welfare;
(2) protecting and preserving places and areas of
military and national security importance and significance;
(3) protecting critical military missions and
operations related to those missions; and
(4) ensuring state and national security.
(c) This chapter may not be interpreted to grant regulatory
powers to administer Chapter 245 or to amend a protection or benefit
provided by Chapter 245.
[Sections 397A.002-397A.050 reserved for expansion]
SUBCHAPTER B. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN
POPULOUS AREAS
Sec. 397A.051. APPLICABILITY. (a) A regulation or
compatible development standard adopted under this subchapter does
not apply to:
(1) a tract of land used for a single-family residence
that is located outside the boundaries of a platted subdivision;
(2) a tract of land in agricultural use;
(3) an activity or a structure or appurtenance on a
tract of land in agricultural use; or
(4) an area designated as part of the commission's
territory under Section 397A.052 that is subject to the
jurisdiction of a regulatory agency as defined by Section 245.001,
and that, on the effective date of the Act adding this chapter, is:
(A) within the boundaries of a project as defined
by Section 245.001 and any revision to the project that has accrued
rights under Chapter 245;
(B) the subject of a permit as defined by Section
245.001 issued by or a permit application filed with a regulatory
agency as defined by Section 245.001; or
(C) subject to a plan for development or plat
application filed with a regulatory agency as defined by Section
245.001.
(b) In this section:
(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 government program or normal crop or
livestock rotation procedure; or
(E) engaging in wildlife management.
(c) A term used in this subchapter that is defined or used in
Chapter 245 has the meaning assigned by Chapter 245.
Sec. 397A.052. CREATION OF REGIONAL MILITARY
SUSTAINABILITY COMMISSION. (a) A county with unincorporated area
located within five miles of the boundary line of a military
installation, and a municipality with a population of 1.1 million
or more and with extraterritorial jurisdiction located within five
miles of the boundary line of a military installation, each of
which, with respect to the same military installation, constitutes
a defense community as defined by Section 397.001, may agree by
order, ordinance, or other means to establish and fund a regional
military sustainability commission under this subchapter in an area
that is located:
(1) in the same county as the active military
installation; and
(2) in the extraterritorial jurisdiction of the
municipality.
(b) Defense communities may not establish more than one
commission in a county.
(c) Except as provided by Subsection (d), a commission's
territory consists of the unincorporated area located within two
miles of the boundary line of a military installation designated as
the commission's territory when the commission is established.
(d) If a military installation is engaged in flight training
at the time a commission is established under this section, the
commission's territory consists of the unincorporated area located
within three miles of the boundary line of the military
installation.
(e) This subchapter shall be narrowly construed in
conformity with the findings and purposes under Section 397A.001.
Sec. 397A.053. HEARING ON CREATION OF COMMISSION. (a) Not
earlier than the 60th day or later than the 30th day before the date
the governing body of each participating governmental entity
establishes a regional military sustainability commission, each
governing body shall hold two public hearings to consider the
creation of the proposed commission. Each governing body must, at
least seven days before each public hearing, prominently post
notice of the hearing in the administrative offices of the
governmental entity and publish notice of the hearing in a
newspaper of general circulation, if any, in the proposed
territory.
(b) The notice required by Subsection (a) must:
(1) state the date, time, and place for the public
hearing;
(2) identify the boundaries of the proposed territory,
including a map of the proposed territory; and
(3) provide a description of the proposed commission's
functions.
Sec. 397A.054. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) The regional military sustainability commission
is composed of not more than nine members.
(b) Participating governmental entities may by joint
agreement determine the number, qualifications, and method of
selecting members of a commission.
(c) A member of a commission may not be an elected official
of a participating county or municipality.
Sec. 397A.055. COMMISSION REVIEW OF NEW PROJECTS. (a) In
this section, "new project" means a project, as that term is defined
by Section 245.001, for which an application for a permit that will
establish a vesting date under Chapter 245 has not been submitted to
a regulatory agency before the effective date of the Act adding this
chapter. The term does not include a revision to a project
commenced before the effective date of the Act adding this chapter.
(b) A regional military sustainability commission shall
establish an advisory committee and appoint six members to the
committee. Three of the members appointed to the committee must
represent the military installation for which the commission is
established and three members must represent landowners in the area
surrounding the military installation. The committee shall advise
the commission on protecting the critical military missions of the
military installation with regard to development.
(c) On receipt of an application for a permit for a new
project in the commission's territory, the governing body of the
participating governmental entity shall review the application and
request a report from the commission regarding the proposed
project. The commission, with the advice of the advisory
committee, shall review the compatibility of the new project with
the military installation's military missions and related
operations based on the commission's compatible development
standards. The commission shall submit a report of its findings,
including a recommendation regarding compatibility, to the
reviewing governmental entity not later than the 30th calendar day
after the date the request was made. The report must include an
estimate of the fiscal impact on the affected property of any
recommendations submitted by the commission, if the fiscal impact
is determinable based on the project description and other
information provided by the developer.
(d) The reviewing governmental entity may not take action on
the permit application until it receives the report of the
commission. If the commission finds that the proposed new project
is not compatible with the military installation's missions and
recommends denial of the permit application, the reviewing
governmental entity may disapprove the permit application.
(e) On annexation of an area in the commission's territory
for full or limited purposes by a municipality, the area is removed
from the commission's territory. If the municipality disannexes
the area, the area is included in the commission's territory.
Sec. 397A.056. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
(a) Before exercising the duties described by Section 397A.055, a
regional military sustainability commission shall recommend
compatible development standards for the territory. The commission
must consider, as part of the regional compatible development
standards, standards required by the Federal Aviation
Administration regulations for military installations that service
aircraft and helicopters. The commission shall submit the proposed
compatible development standards to the participating governmental
entities for approval.
(b) Before taking action to approve or reject the compatible
development standards proposed by the commission, the
participating governmental entities shall:
(1) provide notice of the commission's proposed
compatible development standards to property owners in the
commission's territory, as determined by the most recent county tax
roll; and
(2) publish notice of the commission's proposed
compatible development standards in a newspaper of general
circulation, if any, in the commission's territory.
(c) The failure of notice to reach each property owner under
Subsection (b) does not invalidate compatible development
standards adopted under this section.
(d) The compatible development standards are final after
approval by a majority vote of each participating governmental
entity. Notice of the final compatible development standards must
be provided to all appropriate taxing entities for filing in the
real property records of the county.
(e) The commission may include in the proposed compatible
development standards a recommendation to a participating
governmental entity to purchase property in the commission's
territory as practical to protect a critical military mission.
(f) The commission may recommend amendments to approved
compatible development standards. The participating governmental
entities may approve the commission's proposed standards under
procedures adopted by the entities.
Sec. 397A.057. COORDINATION WITH OTHER PLANS AND STUDIES.
The compatible development standards and regulations adopted under
this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory;
(2) the comprehensive plan of the participating
municipality; and
(3) the most recent Joint Land Use Study, if the
commission makes a finding that the conclusions of the study
accurately reflect circumstances in the territory.
Sec. 397A.058. CONFLICT WITH OTHER LAWS. Except with
respect to Chapter 245, if a regulation adopted under this
subchapter conflicts with a standard imposed under another statute
or local order or regulation, the more stringent standard controls.
Sec. 397A.059. FUNDS. (a) A participating governmental
entity may appropriate funds to the commission for the costs and
expenses required in the performance of the commission's purposes.
(b) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental entity, the state, the federal government, or any
other source.
Sec. 397A.060. WITHDRAWAL FROM COMMISSION. A participating
governmental entity may withdraw from a regional military
sustainability commission:
(1) by a two-thirds vote of its governing body; and
(2) after providing notice to the relevant military
installation commander not later than the 45th day before the date
of the vote under Subdivision (1).
Sec. 397A.061. EXPIRATION AFTER MILITARY INSTALLATION
CLOSURE. A regional military sustainability commission that has
territory around a military installation that is closed by the
federal government and the regional compatible development
standards for the commission's territory may continue in effect
until the fourth anniversary of the date the military installation
is closed.
Sec. 397A.062. JUDICIAL REVIEW OF COMMISSION OR
GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
of this subchapter, a landowner aggrieved by a report submitted by
the regional military sustainability commission or by a permit
application decision of the participating governmental entity
under this subchapter may appeal all or part of the report or permit
application decision to a district court. The court may reverse or
modify, wholly or partly, the report submitted by the commission or
the permit application decision that is appealed.
[Sections 397A.063-397A.100 reserved for expansion]
SUBCHAPTER C. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN LESS
POPULOUS AREAS
Sec. 397A.101. APPLICABILITY. (a) A regulation or
compatible development standard adopted under this subchapter does
not apply to:
(1) an area located in a county with a population of
less than 5,000 that is adjacent to an international border;
(2) a tract of land used for a single-family residence
that is located outside the boundaries of a platted subdivision;
(3) a tract of land in agricultural use;
(4) an activity or a structure or appurtenance on a
tract of land in agricultural use; or
(5) any activity or a project, as that term is defined
by Section 245.001, that is:
(A) occurring or in existence on the effective
date of the Act adding this chapter; or
(B) receiving the benefits of or protected under
Chapter 245.
(b) In this section, "agricultural use" and "agriculture"
have the meanings assigned by Section 397A.051.
Sec. 397A.102. CREATION OF REGIONAL MILITARY
SUSTAINABILITY COMMISSION. (a) A county with a population of
60,000 or less and a municipality that, with respect to the same
active military installation, constitutes a defense community, as
defined by Section 397.001, may agree by order, ordinance, or other
means to establish and fund a regional military sustainability
commission under this subchapter in an area that is located:
(1) in the same county as the active military
installation; and
(2) in the extraterritorial jurisdiction of the
municipality.
(b) Defense communities may not establish more than one
commission in a county.
(c) A commission's territory consists of the unincorporated
area located within five miles of the boundary line of a military
installation designated as the commission's territory when the
commission is established.
(d) This subchapter shall be narrowly construed in
conformity with the findings and purposes under Section 397A.001.
Sec. 397A.103. HEARING ON CREATION OF COMMISSION. (a) Not
earlier than the 60th day or later than the 30th day before the date
the governing body of each participating governmental entity
establishes a regional military sustainability commission, each
governing body shall hold two public hearings to consider the
creation of the proposed commission. Each governing body must, at
least seven days before each public hearing, prominently post
notice of the hearing in the administrative offices of the
governmental entity and publish notice of the hearing in a
newspaper of general circulation, if any, in the proposed
territory.
(b) The notice required by Subsection (a) must:
(1) state the date, time, and place for the public
hearing;
(2) identify the boundaries of the proposed territory,
including a map of the proposed territory; and
(3) provide a description of the proposed commission's
functions.
Sec. 397A.104. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) The regional military sustainability commission
is composed of not more than nine members.
(b) Participating governmental entities may by joint
agreement determine the number, qualifications, and method of
selecting members of a commission.
(c) A member of a commission may not be an elected official
of a participating county or municipality.
Sec. 397A.105. COMMISSION REVIEW OF NEW PROJECTS. (a) In
this section, "new project" means a project, as that term is defined
by Section 245.001, for which an application for a permit that will
establish a vesting date under Chapter 245 has not been submitted to
a regulatory agency before the effective date of the Act adding this
chapter, including a water contract, sewer contract, or master
plan.
(b) A regional military sustainability commission shall
establish an advisory committee and appoint six members to the
committee. Three of the members appointed to the committee must
represent the military installation for which the commission is
established and three members must represent landowners in the area
surrounding the military installation. The committee shall advise
the commission on protecting the critical military missions of the
military installation with regard to development.
(c) On receipt of an application for a permit for a new
project in the commission's territory, the governing body of the
participating governmental entity shall review the application and
request a report from the commission regarding the proposed
project. The commission, with the advice of the advisory
committee, shall review the compatibility of the new project with
the military installation's military missions and related
operations based on the commission's compatible development
standards. The commission shall submit a report of its findings,
including a recommendation regarding compatibility, to the
reviewing governmental entity not later than the 15th calendar day
after the date the request was made. The report must include an
estimate of the fiscal impact on the affected property of any
recommendations submitted by the commission as part of the report.
(d) The reviewing governmental entity may not take action on
the permit application until it receives the report of the
commission. If the commission finds that the proposed new project
is not compatible with the military installation's missions and
recommends denial of the permit application, the reviewing
governmental entity may disapprove the permit application.
(e) On annexation of an area in the commission's territory
for full or limited purposes by a municipality, the area is removed
from the commission's territory. If the municipality disannexes
the area, the area is included in the commission's territory.
Sec. 397A.106. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
(a) Before exercising the duties described by Section 397A.105, a
regional military sustainability commission shall recommend
compatible development standards for the territory. The commission
must consider, as part of the regional compatible development
standards, the Federal Aviation Administration regulations
regarding height restrictions surrounding a military installation
that services aircraft and helicopters. The commission shall
submit the proposed compatible development standards to the
participating governmental entities for approval.
(b) Before taking action to approve or reject the compatible
development standards proposed by the commission, the
participating governmental entities shall:
(1) provide notice of the commission's proposed
compatible development standards to property owners in the
commission's territory, as determined by the most recent county tax
roll; and
(2) publish notice of the commission's proposed
compatible development standards in a newspaper of general
circulation, if any, in the commission's territory.
(c) The failure of notice to reach each property owner under
Subsection (b) does not invalidate compatible development
standards adopted under this section.
(d) The compatible development standards are final after
approval by a majority vote of each participating governmental
entity. Notice of the final compatible development standards must
be provided to all appropriate taxing entities for filing in the
real property records of the county.
(e) The commission may include in the proposed compatible
development standards a recommendation to a participating
governmental entity to purchase property in the commission's
territory as practical to protect a critical military mission.
(f) The commission may recommend amendments to approved
compatible development standards. The participating governmental
entities may approve the commission's proposed standards under
procedures adopted by the entities.
Sec. 397A.107. COORDINATION WITH OTHER PLANS AND STUDIES.
The compatible development standards and regulations adopted under
this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory;
(2) the comprehensive plan of the participating
municipality; and
(3) the most recent Joint Land Use Study, if the
commission makes a finding that the conclusions of the study
accurately reflect circumstances in the territory.
Sec. 397A.108. CONFLICT WITH OTHER LAWS. Except with
respect to Chapter 245, if a regulation adopted under this
subchapter conflicts with a standard imposed under another statute
or local order or regulation, the more stringent standard controls.
Sec. 397A.109. FUNDS. (a) A participating governmental
entity may appropriate funds to the commission for the costs and
expenses required in the performance of the commission's purposes.
(b) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental entity, the state, the federal government, or any
other source.
Sec. 397A.110. WITHDRAWAL FROM COMMISSION. A participating
governmental entity may withdraw from a regional military
sustainability commission:
(1) by a two-thirds vote of its governing body; and
(2) after providing notice to the relevant military
installation commander not later than the 45th day before the date
of the vote under Subdivision (1).
Sec. 397A.111. EXPIRATION AFTER MILITARY INSTALLATION
CLOSURE. A regional military sustainability commission that has
territory around a military installation that is closed by the
federal government and the regional compatible development
standards for the commission's territory may continue in effect
until the fourth anniversary of the date the military installation
is closed.
Sec. 397A.112. JUDICIAL REVIEW OF COMMISSION OR
GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
of this subchapter, a landowner aggrieved by a report submitted by
the regional military sustainability commission or by a permit
application decision of the participating governmental entity
under this subchapter may appeal all or part of the report or permit
application decision to a district court, county court, or county
court at law. The court may reverse or modify, wholly or partly,
the report submitted by the commission or the permit application
decision that is appealed.
SECTION 4. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2919 was passed by the House on May
14, 2009, by the following vote: Yeas 135, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2919 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2919 on May 31, 2009, by the following vote: Yeas 134,
Nays 5, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2919 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 29, Nays
2; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2919 on May 31, 2009, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor