By: Van de Putte S.B. No. 2222
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on Veteran Affairs and
Military Installations; April 24, 2009, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 4,
Nays 1; April 24, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2222 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the creation of regional military
sustainability commissions around military installations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 MILITARY INSTALLATIONS
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 entire state and nation; and
(3) without adequate regulation, the areas will tend
to become incompatible with military missions and to 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 regulatory powers granted under this chapter are for
the purpose 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.
Sec. 397A.002. APPLICABILITY. (a) A regulation adopted
under this chapter 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; or
(3) an activity or a structure or appurtenance on a
tract of land in agricultural use.
(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.
Sec. 397A.003. CREATION OF REGIONAL MILITARY
SUSTAINABILITY COMMISSION. (a) All counties with unincorporated
area and municipalities with extraterritorial jurisdiction located
within five miles of the boundary line of a military installation
and that each, with respect to the same military installation,
constitute a defense community, as defined by Section 397.001, and
for which a Joint Land Use Study has been completed by September 1,
2010, may agree by order, ordinance, or other means to establish and
fund a regional military sustainability commission under this
chapter.
(b) A commission may not be established under this chapter
unless at least one municipality with extraterritorial
jurisdiction within which the proposed boundaries of the
commission's territory is located consents to the establishment of
the commission. 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) A commission is a political subdivision of the state and
is entitled to immunity as described by Chapter 101, Civil Practice
and Remedies Code.
(e) A commission has only the powers granted under this
chapter.
(f) This chapter shall be liberally construed in conformity
with the findings and purposes under Section 397A.001.
Sec. 397A.004. 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 in the proposed territory, if any.
(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
authority.
Sec. 397A.005. GOVERNING BODY OF REGIONAL MILITARY
SUSTAINABILITY COMMISSION. (a) The governing body of a regional
military sustainability commission is composed of not more than
nine members.
(b) Participating governmental entities may by joint
agreement determine the number of, qualifications of, and method of
selecting members of the governing body of a commission.
(c) A member of a governing body of a commission may not be
an elected official of a participating county or municipality.
Sec. 397A.006. REGULATORY AUTHORITY. (a) A regional
military sustainability commission has the authority granted to a
municipal zoning commission and a board of adjustment under Chapter
211 in the regional military sustainability commission's
territory, including any area that is within the boundaries of a
municipality's extraterritorial jurisdiction. On annexation of an
area of the commission's territory for full or limited purposes by a
municipality, the commission's authority to regulate the area under
Chapter 211 expires. The commission regains the authority in an
area if the municipality disannexes the area.
(b) A commission shall establish an advisory committee and
appoint not more than five members to the committee. Three of the
members appointed to the committee must represent the military
installation for which the commission is established. The
committee shall advise the commission on protecting the critical
military missions of the military installation with regard to
development.
(c) The participating governmental entities shall determine
the procedures under Chapter 211 that apply to the review and
approval of a zoning regulation under this chapter. The
governmental entity with jurisdiction in the area to which a
proposed zoning regulation applies makes the final decision under
this chapter regarding a proposed zoning regulation.
Sec. 397A.007. REGIONAL PLAN. (a) A regional military
sustainability commission shall recommend and adopt a plan for the
territory. The commission shall consider and may adopt as part of
the regional plan the Federal Aviation Administration regulations
regarding height restrictions, standards, and density limitations
surrounding a military installation that services aircraft and
helicopters. After adoption, the commission shall submit the plan
to the participating governmental entities for approval.
(b) Before taking action to approve or reject the plan, the
participating governmental entities shall:
(1) provide notice of the commission's proposed plan
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 plan
in a newspaper of general circulation in the commission's
territory, if any.
(c) The failure of notice to reach each property owner under
Subsection (b) does not invalidate a plan adopted under this
section.
(d) The plan is final after approval by a majority of the
participating governmental entities. Notice of the final plan must
be provided to all appropriate taxing entities for filing in the
real property records of the county.
(e) The plan may include 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 amend an approved plan after
providing notice of the amended plan and holding hearings in the
same manner as provided by the procedures described by Section
397A.006(c). The participating governmental entities may approve
the commission's amended plan under the procedures adopted by
Section 397A.006(c) for the approval of zoning regulations.
Sec. 397A.008. COORDINATION WITH OTHER PLANS AND STUDIES.
The plan and regulations adopted under this chapter must be
coordinated with:
(1) the county plan for growth and development of a
participating county or a county located in the regional military
sustainability commission's territory;
(2) the comprehensive plan of a participating
municipality; and
(3) the most recent Joint Land Use Study, if the
regional military sustainability commission makes a finding that
the conclusions of the study accurately reflect circumstances in
the territory.
Sec. 397A.009. DORMANT PROJECTS. (a) Notwithstanding
Section 245.005(b), a project, as defined by Section 245.001, in
the regional military sustainability commission's territory shall
have not more than four years to show progress towards completion,
as determined under Section 245.005(c).
(b) This section does not prohibit a project developer from
applying to the commission for a new permit or other form of
authorization required to complete a project.
Sec. 397A.010. CONFLICT WITH OTHER LAWS. If a regulation
adopted under this chapter conflicts with a standard imposed under
another statute or local order or regulation, the more stringent
standard controls.
Sec. 397A.011. FUNDS. (a) A regional military
sustainability commission does not have power to tax.
(b) A participating governmental entity may appropriate
funds to the commission for the costs and expenses required in the
performance of its purposes.
(c) 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 other
source.
Sec. 397A.012. RESTRICTIONS. (a) A regional military
sustainability commission shall comply with laws applicable to
participating governmental entities relating to:
(1) reimbursement for travel expenses;
(2) nepotism;
(3) conflicts of interest; and
(4) registration of lobbyists.
(b) To the extent of a conflict between laws applicable to
governmental entities relating to a subject described by Subsection
(a), the more stringent requirement controls.
Sec. 397A.013. 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.014. EXPIRATION AFTER MILITARY INSTALLATION
CLOSURE. A regional military sustainability commission that
regulates territory around a military installation that is closed
by the federal government and the regional plan and zoning
regulations adopted by the commission may continue in effect until
the fourth anniversary of the date the military installation is
closed.
Sec. 397A.015. EXEMPTION FROM OTHER LAW. Chapter 2007,
Government Code, does not apply to an action by a regional military
sustainability commission or a participating governmental entity
under this chapter.
SECTION 2. 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.
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