Texas 2009 - 81st Regular

Texas Senate Bill SB2100 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R12868 PAM-D
2	2	By: Wentworth S.B. No. 2100
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to granting certain counties regulatory authority around
8	8	military facilities in certain circumstances; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 231, Local Government Code, is amended
11	11	by adding Subchapter M to read as follows:
12	12	SUBCHAPTER M. PROTECTION OF MILITARY INSTALLATIONS
13	13	Sec. 231.271. LEGISLATIVE FINDINGS; PURPOSE. (a) The
14	14	legislature finds that:
15	15	(1) the area that surrounds military installations
16	16	will be frequented for military and national security purposes by
17	17	residents from many parts of the state and nation;
18	18	(2) orderly development, use, and sustainability of
19	19	the area is of concern to the entire state; and
20	20	(3) without adequate protection regulations, the area
21	21	will tend to become congested and to be used in ways that interfere
22	22	with the proper use of the area as a secure location for the
23	23	continuation of a military establishment.
24	24	(b) The powers granted under this subchapter are for the
25	25	purpose of:
26	26	(1) promoting the public health, safety, peace,
27	27	morals, and general welfare;
28	28	(2) protecting and preserving places and areas of
29	29	military and national security importance and significance; and
30	30	(3) encouraging state and national security.
31	31	Sec. 231.272. ELIGIBLE COUNTIES. This subchapter applies
32	32	only to a county that:
33	33	(1) has a population of more than one million and in
34	34	which more than 80 percent of the population lives in a single
35	35	municipality; or
36	36	(2) is adjacent to a county described by Subdivision
37	37	(1).
38	38	Sec. 231.273. PROTECTION REGULATIONS AND REQUIREMENTS. (a)
39	39	In an unincorporated area located within five miles of the boundary
40	40	of a military installation, the commissioners court of the county
41	41	that contains the area may:
42	42	(1) regulate the platting or clearing of a tract of
43	43	land larger than two acres as provided by Subsection (b) if:
44	44	(A) clearing more than 20 percent of the trees on
45	45	the tract of land is proposed; or
46	46	(B) the tract of land contains more than two
47	47	acres identified as a karst zone under a draft plan prepared by the
48	48	United States Fish and Wildlife Service;
49	49	(2) require a person proposing to develop a tract of
50	50	land in the area to provide notice to and opportunity for comment by
51	51	commanders of affected military installations; and
52	52	(3) require a person selling a tract of land in the
53	53	area to provide notice to prospective buyers of the land relating to
54	54	potential noise and dust problems that could result from locating
55	55	in close proximity to an active military installation.
56	56	(b) A commissioners court adopting a regulation under
57	57	Subsection (a)(1) shall require a person, before submitting a plat
58	58	application or clearing a tract of land, to conduct a survey, if
59	59	required, as prescribed by Section 231.274, and submit the results
60	60	of the survey to the Parks and Wildlife Department, the United
61	61	States Fish and Wildlife Service, and any military installation in
62	62	the vicinity of the land.
63	63	(c) Notwithstanding Section 245.002, a regulation adopted
64	64	under this section applies regardless of whether a plan for
65	65	development of real property or a plat application for a tract of
66	66	land has been previously filed with a regulatory agency, as that
67	67	term is defined by Section 245.001.
68	68	(d) In this section, multiple tracts of land are considered
69	69	a tract of land for purposes of calculating the amount of acreage
70	70	under Subsection (a)(1) if:
71	71	(1) the tracts share a common boundary;
72	72	(2) the tracts are owned by the same developer or
73	73	development corporation; and
74	74	(3) commencement of development of a subsequent tract
75	75	begins within two years after the commencement of development of a
76	76	previously developed tract.
77	77	Sec. 231.274. SURVEY. (a) A person must conduct a survey
78	78	to determine whether the golden-cheeked warbler or an endangered
79	79	karst invertebrate species uses a tract of land, subject to
80	80	regulation under Section 231.273(a)(1), as a habitat if:
81	81	(1) the tract contains more than two acres of mature
82	82	Ashe juniper (cedar) in a natural mix with oak, elm, and other
83	83	hardwood trees; or
84	84	(2) more than two acres of the tract is:
85	85	(A) identified as a karst zone under a draft plan
86	86	prepared by the United States Fish and Wildlife Service; and
87	87	(B) located in a designated Zone 1 or Zone 2 of
88	88	that plan.
89	89	(b) For purposes of Subsection (a)(1), mature Ashe junipers
90	90	are trees that:
91	91	(1) are at least 15 feet tall with a trunk diameter of
92	92	approximately five inches at four and one-half inches above the
93	93	ground; and
94	94	(2) have, within a two-acre area, a nearly continuous
95	95	canopy cover of 35 to 100 percent.
96	96	(c) If more than one species survey is required under this
97	97	section, the surveys may be conducted by the same person. The
98	98	results of more than one species survey may be submitted as one
99	99	survey under Section 231.273(b).
100	100	(d) A survey of a tract of land subject to regulation under
101	101	Section 231.273(a)(1) previously conducted may be submitted under
102	102	Section 231.273(b) if the survey was completed before the third
103	103	anniversary of the date the survey is submitted.
104	104	Sec. 231.275. FEE. A commissioners court acting under this
105	105	subchapter may set and collect a fee to cover the costs of
106	106	administering this subchapter. Fees imposed under this section may
107	107	not exceed the cost of administering this subchapter.
108	108	Sec. 231.276. COMPLIANCE WITH COUNTY PLAN. A county acting
109	109	under this subchapter shall:
110	110	(1) adopt protection regulations under Section
111	111	231.273(a)(1) in accordance with a county plan for growth and
112	112	development of the county; and
113	113	(2) inform municipalities located in the county
114	114	regarding the adoption of the regulations.
115	115	Sec. 231.277. PROCEDURE GOVERNING ADOPTION OF REGULATIONS.
116	116	(a) A protection regulation adopted under Section 231.273(a)(1) is
117	117	not effective until it is adopted by the commissioners court after a
118	118	public hearing. Before the 15th day before the date of the hearing,
119	119	the commissioners court must publish notice of the hearing in a
120	120	newspaper of general circulation in the county.
121	121	(b) The commissioners court may establish or amend a
122	122	protection regulation only by an order passed by a majority vote of
123	123	the full membership of the court.
124	124	Sec. 231.278. SPECIAL EXCEPTION. (a) A person aggrieved by
125	125	a protection regulation adopted under Section 231.273(a)(1) may
126	126	petition the commissioners court for a special exception to a
127	127	protection regulation adopted by the commissioners court.
128	128	(b) The commissioners court shall adopt procedures
129	129	governing applications, notice, hearings, and other matters
130	130	relating to the grant of a special exception.
131	131	Sec. 231.279. ENFORCEMENT; PENALTY. (a) The commissioners
132	132	court may adopt orders to enforce this subchapter or an order or
133	133	protection regulation adopted under Section 231.273(a)(1).
134	134	(b) A person commits an offense if the person violates this
135	135	subchapter or an order or protection regulation adopted under
136	136	Section 231.273(a)(1). An offense under this subsection is a
137	137	misdemeanor punishable by a fine of not less than $500 or more than
138	138	$1,000. Each day that a violation occurs constitutes a separate
139	139	offense. Trial shall be in the district court.
140	140	Sec. 231.280. COOPERATION WITH MUNICIPALITIES. The
141	141	commissioners court by order may enter into agreements with any
142	142	municipality located in the county to assist in the implementation
143	143	and enforcement of protection regulations adopted under Section
144	144	231.273(a)(1).
145	145	Sec. 231.281. CONFLICT WITH OTHER LAWS. (a) Except as
146	146	provided by Subsection (b), if a protection regulation adopted
147	147	under Section 231.273(a)(1) imposes higher standards than those
148	148	required under another statute or local order or regulation, the
149	149	regulation adopted under Section 231.273(a)(1) controls. If the
150	150	other statute or local order or regulation imposes higher
151	151	standards, that statute, order, or regulation controls.
152	152	(b) To the extent of a conflict between this subchapter and
153	153	a regulation adopted by a municipal governing body or municipal
154	154	board or commission located in the county with jurisdiction over
155	155	airport zoning, the municipal regulation prevails.
156	156	(c) Notwithstanding Section 83.014, Parks and Wildlife
157	157	Code, a regulation or requirement adopted under this chapter
158	158	applies regardless of whether the county is subject to a habitat
159	159	conservation plan or regional habitat conservation plan.
160	160	SECTION 2. The change in law made by Section 231.273, Local
161	161	Government Code, as added by this Act, applies only to a project, as
162	162	that term is defined by Section 245.001, Local Government Code,
163	163	commenced under Chapter 245, Local Government Code, on or after the
164	164	effective date of this Act.
165	165	SECTION 3. This Act takes effect immediately if it receives
166	166	a vote of two-thirds of all the members elected to each house, as
167	167	provided by Section 39, Article III, Texas Constitution. If this
168	168	Act does not receive the vote necessary for immediate effect, this
169	169	Act takes effect September 1, 2009.