Texas 2009 - 81st Regular

Texas Senate Bill SB2222 Compare Versions

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1	1	By: Van de Putte S.B. No. 2222
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to authorizing the creation of regional military
7	7	sustainability commissions around military installations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 12, Local Government Code, is
10	10	amended by adding Chapter 397A to read as follows:
11	11	CHAPTER 397A. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS
12	12	RELATING TO MILITARY INSTALLATIONS
13	13	Sec. 397A.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
14	14	legislature finds that:
15	15	(1) the areas that surround military installations
16	16	will be frequented for military, national security, and
17	17	international training purposes by residents from many parts of the
18	18	state, nation, and world;
19	19	(2) compatible development and use of those areas is
20	20	of concern to the state and nation; and
21	21	(3) without adequate regulation, the areas will tend
22	22	to become incompatible with military missions and will be used in
23	23	ways that interfere with:
24	24	(A) the proper continued use of those areas as
25	25	secure locations for military installations and missions; and
26	26	(B) the effective operation of the military
27	27	installations and missions.
28	28	(b) The regulatory powers granted under this chapter are for
29	29	the purposes of:
30	30	(1) promoting the public health, safety, and general
31	31	welfare;
32	32	(2) protecting and preserving places and areas of
33	33	military and national security importance and significance;
34	34	(3) protecting critical military missions and
35	35	operations related to those missions; and
36	36	(4) ensuring state and national security.
37	37	(c) This chapter may not be interpreted to grant regulatory
38	38	powers to administer Chapter 245 or to amend a protection or benefit
39	39	provided by Chapter 245.
40	40	Sec. 397A.002. APPLICABILITY. (a) A regulation or
41	41	compatible development standard adopted under this chapter does not
42	42	apply to:
43	43	(1) a tract of land used for a single-family residence
44	44	that is located outside the boundaries of a platted subdivision;
45	45	(2) a tract of land in agricultural use;
46	46	(3) an activity or a structure or appurtenance on a
47	47	tract of land in agricultural use; or
48	48	(4) any activity or a project, as that term is defined
49	49	by Section 245.001, that is:
50	50	(A) occurring or in existence on the effective
51	51	date of the Act adding this chapter; or
52	52	(B) receiving the benefits of or protected under
53	53	Chapter 245.
54	54	(b) In this section:
55	55	(1) "Agricultural use" means use or activity involving
56	56	agriculture.
57	57	(2) "Agriculture" means:
58	58	(A) cultivating the soil to produce crops for
59	59	human food, animal feed, seed for planting, or the production of
60	60	fibers;
61	61	(B) practicing floriculture, viticulture,
62	62	silviculture, or horticulture;
63	63	(C) raising, feeding, or keeping animals for
64	64	breeding purposes or for the production of food, fiber, leather,
65	65	pelts, or other tangible products having commercial value;
66	66	(D) planting cover crops, including cover crops
67	67	cultivated for transplantation, or leaving land idle for the
68	68	purpose of participating in a government program or normal crop or
69	69	livestock rotation procedure; or
70	70	(E) engaging in wildlife management.
71	71	Sec. 397A.003. CREATION OF REGIONAL MILITARY
72	72	SUSTAINABILITY COMMISSION. (a) All counties with unincorporated
73	73	area and municipalities with extraterritorial jurisdiction located
74	74	within five miles of the boundary line of a military installation,
75	75	each of which, with respect to the same military installation,
76	76	constitutes a defense community, as defined by Section 397.001, may
77	77	agree by order, ordinance, or other means to establish and fund a
78	78	regional military sustainability commission under this chapter in
79	79	an area that is located:
80	80	(1) in the same county as the active military
81	81	installation; and
82	82	(2) in the extraterritorial jurisdiction of the
83	83	municipality.
84	84	(b) Defense communities may not establish more than one
85	85	commission in a county.
86	86	(c) Except as provided by Subsection (d), a commission's
87	87	territory consists of the unincorporated area located within two
88	88	miles of the boundary line of a military installation designated as
89	89	the commission's territory when the commission is established.
90	90	(d) If a military installation is engaged in flight training
91	91	at the time a commission is established under this section, the
92	92	commission's territory consists of the unincorporated area located
93	93	within three miles of the boundary line of the military
94	94	installation.
95	95	(e) A commission is a political subdivision of the state, is
96	96	subject to Section 245.006, and is entitled to immunity as
97	97	described by Chapter 101, Civil Practice and Remedies Code.
98	98	(f) This chapter shall be narrowly construed in conformity
99	99	with the findings and purposes under Section 397A.001.
100	100	Sec. 397A.004. HEARING ON CREATION OF COMMISSION. (a) Not
101	101	earlier than the 60th day or later than the 30th day before the date
102	102	the governing body of each participating governmental entity
103	103	establishes a regional military sustainability commission, each
104	104	governing body shall hold two public hearings to consider the
105	105	creation of the proposed commission. Each governing body must, at
106	106	least seven days before each public hearing, prominently post
107	107	notice of the hearing in the administrative offices of the
108	108	governmental entity and publish notice of the hearing in a
109	109	newspaper of general circulation, if any, in the proposed
110	110	territory.
111	111	(b) The notice required by Subsection (a) must:
112	112	(1) state the date, time, and place for the public
113	113	hearing;
114	114	(2) identify the boundaries of the proposed territory,
115	115	including a map of the proposed territory; and
116	116	(3) provide a description of the proposed commission's
117	117	authority.
118	118	Sec. 397A.005. GOVERNING BODY OF REGIONAL MILITARY
119	119	SUSTAINABILITY COMMISSION. (a) The governing body of a regional
120	120	military sustainability commission is composed of not more than
121	121	nine members.
122	122	(b) Participating governmental entities may by joint
123	123	agreement determine the number, qualifications, and method of
124	124	selecting members of the governing body of a commission.
125	125	(c) A member of a governing body of a commission may not be
126	126	an elected official of a participating county or municipality.
127	127	Sec. 397A.006. COMMISSION REVIEW OF NEW PROJECTS. (a) In
128	128	this section, "new project" means a project, as that term is defined
129	129	by Section 245.001, for which an application for a permit that will
130	130	establish a vesting date under Chapter 245 has not been submitted to
131	131	a regulatory agency before the effective date of the Act adding this
132	132	chapter, including a water contract, sewer contract, or master
133	133	plan.
134	134	(b) A regional military sustainability commission shall
135	135	establish an advisory committee and appoint six members to the
136	136	committee. Three of the members appointed to the committee must
137	137	represent the military installation for which the commission is
138	138	established and three members must represent landowners in the area
139	139	surrounding the military installation. The committee shall advise
140	140	the commission on protecting the critical military missions of the
141	141	military installation with regard to development.
142	142	(c) On receipt of an application for a permit for a new
143	143	project in the commission's territory, the governing body of the
144	144	participating governmental entity shall review the application and
145	145	request a report from the commission regarding the proposed
146	146	project. The commission, with the advice of the advisory
147	147	committee, shall review the compatibility of the new project with
148	148	the military installation's military missions and related
149	149	operations based on the commission's compatible development
150	150	standards. The commission shall submit a report of its findings,
151	151	including a recommendation regarding compatibility, to the
152	152	reviewing governmental entity not later than the 30th calendar day
153	153	after the date the request was made. The report must include an
154	154	estimate of the fiscal impact on the affected property of any
155	155	recommendations submitted by the commission if the fiscal impact is
156	156	determinable based on the project description and other information
157	157	provided by the developer.
158	158	(d) The reviewing governmental entity may not take action on
159	159	the permit application until it receives the report of the
160	160	commission. If the commission finds that the proposed new project
161	161	is not compatible with the military installation's missions and
162	162	recommends denial of the permit application, the reviewing
163	163	governmental entity may disapprove the permit application.
164	164	(e) On annexation of an area in the commission's territory
165	165	for full or limited purposes by a municipality, the commission's
166	166	authority over the area expires. The commission regains the
167	167	authority in an area if the municipality disannexes the area.
168	168	Sec. 397A.007. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
169	169	(a) Before exercising the authority granted by Section 397A.006, a
170	170	regional military sustainability commission shall recommend and
171	171	adopt compatible development standards for the territory. The
172	172	commission must consider and may adopt, as part of the regional
173	173	compatible development standards, standards required by the
174	174	Federal Aviation Administration regulations for military
175	175	installations that service aircraft and helicopters. The
176	176	commission shall submit compatible development standards adopted
177	177	under this section to the participating governmental entities for
178	178	approval.
179	179	(b) Before taking action to approve or reject the compatible
180	180	development standards proposed by the commission, the
181	181	participating governmental entities shall:
182	182	(1) provide notice of the commission's proposed
183	183	compatible development standards to property owners in the
184	184	commission's territory, as determined by the most recent county tax
185	185	roll; and
186	186	(2) publish notice of the commission's proposed
187	187	compatible development standards in a newspaper of general
188	188	circulation, if any, in the commission's territory.
189	189	(c) The failure of notice to reach each property owner under
190	190	Subsection (b) does not invalidate compatible development
191	191	standards adopted under this section.
192	192	(d) The compatible development standards are final after
193	193	approval by a majority of the participating governmental entities.
194	194	Notice of the final compatible development standards must be
195	195	provided to all appropriate taxing entities for filing in the real
196	196	property records of the county.
197	197	(e) The commission may include in the compatible
198	198	development standards a recommendation to a participating
199	199	governmental entity to purchase property in the commission's
200	200	territory as practical to protect a critical military mission.
201	201	(f) The commission may recommend and approve amendments to
202	202	approved compatible development standards. The participating
203	203	governmental entities may approve the commission's amended
204	204	standards under procedures adopted by the entities.
205	205	Sec. 397A.008. COORDINATION WITH OTHER PLANS AND STUDIES.
206	206	The compatible development standards and regulations adopted under
207	207	this chapter must be coordinated with:
208	208	(1) the county plan for growth and development of a
209	209	participating county or a county located in the regional military
210	210	sustainability commission's territory;
211	211	(2) the comprehensive plan of a participating
212	212	municipality; and
213	213	(3) the most recent Joint Land Use Study, if the
214	214	commission makes a finding that the conclusions of the study
215	215	accurately reflect circumstances in the territory.
216	216	Sec. 397A.009. CONFLICT WITH OTHER LAWS. Except with
217	217	respect to Chapter 245, if a regulation adopted under this chapter
218	218	conflicts with a standard imposed under another statute or local
219	219	order or regulation, the more stringent standard controls.
220	220	Sec. 397A.010. FUNDS. (a) A regional military
221	221	sustainability commission does not have power to tax.
222	222	(b) A participating governmental entity may appropriate
223	223	funds to the commission for the costs and expenses required in the
224	224	performance of the commission's purposes.
225	225	(c) A commission may apply for, contract for, receive, and
226	226	expend for its purposes a grant or funds from a participating
227	227	governmental entity, the state, the federal government, or any
228	228	other source.
229	229	Sec. 397A.011. RESTRICTIONS. (a) A regional military
230	230	sustainability commission shall comply with laws applicable to
231	231	participating governmental entities relating to:
232	232	(1) reimbursement for travel expenses;
233	233	(2) nepotism;
234	234	(3) conflicts of interest; and
235	235	(4) registration of lobbyists.
236	236	(b) To the extent of a conflict between laws applicable to
237	237	participating governmental entities relating to a subject
238	238	described by Subsection (a), the more stringent requirement
239	239	controls.
240	240	Sec. 397A.012. WITHDRAWAL FROM COMMISSION. A participating
241	241	governmental entity may withdraw from a regional military
242	242	sustainability commission:
243	243	(1) by a two-thirds vote of its governing body; and
244	244	(2) after providing notice to the relevant military
245	245	installation commander not later than the 45th day before the date
246	246	of the vote under Subdivision (1).
247	247	Sec. 397A.013. EXPIRATION AFTER MILITARY INSTALLATION
248	248	CLOSURE. A regional military sustainability commission that
249	249	regulates territory around a military installation that is closed
250	250	by the federal government and the regional compatible development
251	251	standards adopted by the commission may continue in effect until
252	252	the fourth anniversary of the date the military installation is
253	253	closed.
254	254	Sec. 397A.014. JUDICIAL REVIEW OF COMMISSION OR
255	255	GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
256	256	of this chapter, a landowner aggrieved by a report submitted by the
257	257	regional military sustainability commission or by a permit
258	258	application decision of the participating governmental entity
259	259	under this chapter may appeal all or part of the report or permit
260	260	application decision to a district court. The court may reverse or
261	261	modify, wholly or partly, the report submitted by the commission or
262	262	the permit application decision that is appealed.
263	263	SECTION 2. This Act takes effect immediately if it receives
264	264	a vote of two-thirds of all the members elected to each house, as
265	265	provided by Section 39, Article III, Texas Constitution. If this
266	266	Act does not receive the vote necessary for immediate effect, this
267	267	Act takes effect September 1, 2009.