Texas 2009 - 81st Regular

Texas Senate Bill SB2223 Compare Versions

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1	1	By: Van de Putte S.B. No. 2223
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) A county with unincorporated area
73	73	located within five miles of the boundary line of a military
74	74	installation, and a municipality with a population of 1.1 million
75	75	or more and with extraterritorial jurisdiction located within five
76	76	miles of the boundary line of a military installation, each of
77	77	which, with respect to the same military installation, constitutes
78	78	a defense community as defined by Section 397.001, may agree by
79	79	order, ordinance, or other means to establish and fund a regional
80	80	military sustainability commission under this chapter in an area
81	81	that is located:
82	82	(1) in the same county as the active military
83	83	installation; and
84	84	(2) in the extraterritorial jurisdiction of the
85	85	municipality.
86	86	(b) Defense communities may not establish more than one
87	87	commission in a county.
88	88	(c) Except as provided by Subsection (d), a commission's
89	89	territory consists of the unincorporated area located within two
90	90	miles of the boundary line of a military installation designated as
91	91	the commission's territory when the commission is established.
92	92	(d) If a military installation is engaged in flight training
93	93	at the time a commission is established under this section, the
94	94	commission's territory consists of the unincorporated area located
95	95	within three miles of the boundary line of the military
96	96	installation.
97	97	(e) A commission is a political subdivision of the state, is
98	98	subject to Section 245.006, and is entitled to immunity as
99	99	described by Chapter 101, Civil Practice and Remedies Code.
100	100	(f) This chapter shall be narrowly construed in conformity
101	101	with the findings and purposes under Section 397A.001.
102	102	Sec. 397A.004. HEARING ON CREATION OF COMMISSION. (a) Not
103	103	earlier than the 60th day or later than the 30th day before the date
104	104	the governing body of each participating governmental entity
105	105	establishes a regional military sustainability commission, each
106	106	governing body shall hold two public hearings to consider the
107	107	creation of the proposed commission. Each governing body must, at
108	108	least seven days before each public hearing, prominently post
109	109	notice of the hearing in the administrative offices of the
110	110	governmental entity and publish notice of the hearing in a
111	111	newspaper of general circulation, if any, in the proposed
112	112	territory.
113	113	(b) The notice required by Subsection (a) must:
114	114	(1) state the date, time, and place for the public
115	115	hearing;
116	116	(2) identify the boundaries of the proposed territory,
117	117	including a map of the proposed territory; and
118	118	(3) provide a description of the proposed commission's
119	119	authority.
120	120	Sec. 397A.005. GOVERNING BODY OF REGIONAL MILITARY
121	121	SUSTAINABILITY COMMISSION. (a) The governing body of a regional
122	122	military sustainability commission is composed of not more than
123	123	nine members.
124	124	(b) Participating governmental entities may by joint
125	125	agreement determine the number, qualifications, and method of
126	126	selecting members of the governing body of a commission.
127	127	(c) A member of a governing body of a commission may not be
128	128	an elected official of a participating county or municipality.
129	129	Sec. 397A.006. COMMISSION REVIEW OF NEW PROJECTS. (a) In
130	130	this section, "new project" means a project, as that term is defined
131	131	by Section 245.001, for which an application for a permit that will
132	132	establish a vesting date under Chapter 245 has not been submitted to
133	133	a regulatory agency before the effective date of the Act adding this
134	134	chapter, including a water contract, sewer contract, or master
135	135	plan.
136	136	(b) A regional military sustainability commission shall
137	137	establish an advisory committee and appoint six members to the
138	138	committee. Three of the members appointed to the committee must
139	139	represent the military installation for which the commission is
140	140	established and three members must represent landowners in the area
141	141	surrounding the military installation. The committee shall advise
142	142	the commission on protecting the critical military missions of the
143	143	military installation with regard to development.
144	144	(c) On receipt of an application for a permit for a new
145	145	project in the commission's territory, the governing body of the
146	146	participating governmental entity shall review the application and
147	147	request a report from the commission regarding the proposed
148	148	project. The commission, with the advice of the advisory
149	149	committee, shall review the compatibility of the new project with
150	150	the military installation's military missions and related
151	151	operations based on the commission's compatible development
152	152	standards. The commission shall submit a report of its findings,
153	153	including a recommendation regarding compatibility, to the
154	154	reviewing governmental entity not later than the 30th calendar day
155	155	after the date the request was made. The report must include an
156	156	estimate of the fiscal impact on the affected property of any
157	157	recommendations submitted by the commission, if the fiscal impact
158	158	is determinable based on the project description and other
159	159	information provided by the developer.
160	160	(d) The reviewing governmental entity may not take action on
161	161	the permit application until it receives the report of the
162	162	commission. If the commission finds that the proposed new project
163	163	is not compatible with the military installation's missions and
164	164	recommends denial of the permit application, the reviewing
165	165	governmental entity may disapprove the permit application.
166	166	(e) On annexation of an area in the commission's territory
167	167	for full or limited purposes by a municipality, the commission's
168	168	authority over the area expires. The commission regains the
169	169	authority in an area if the municipality disannexes the area.
170	170	Sec. 397A.007. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
171	171	(a) Before exercising the authority granted by Section 397A.006, a
172	172	regional military sustainability commission shall recommend and
173	173	adopt compatible development standards for the territory. The
174	174	commission must consider and may adopt, as part of the regional
175	175	compatible development standards, standards required by the
176	176	Federal Aviation Administration regulations for military
177	177	installations that service aircraft and helicopters. The
178	178	commission shall submit compatible development standards adopted
179	179	under this section to the participating governmental entities for
180	180	approval.
181	181	(b) Before taking action to approve or reject the compatible
182	182	development standards proposed by the commission, the
183	183	participating governmental entities shall:
184	184	(1) provide notice of the commission's proposed
185	185	compatible development standards to property owners in the
186	186	commission's territory, as determined by the most recent county tax
187	187	roll; and
188	188	(2) publish notice of the commission's proposed
189	189	compatible development standards in a newspaper of general
190	190	circulation, if any, in the commission's territory.
191	191	(c) The failure of notice to reach each property owner under
192	192	Subsection (b) does not invalidate compatible development
193	193	standards adopted under this section.
194	194	(d) The compatible development standards are final after
195	195	approval by a majority vote of each participating governmental
196	196	entity. Notice of the final compatible development standards must
197	197	be provided to all appropriate taxing entities for filing in the
198	198	real property records of the county.
199	199	(e) The commission may include in the compatible
200	200	development standards a recommendation to a participating
201	201	governmental entity to purchase property in the commission's
202	202	territory as practical to protect a critical military mission.
203	203	(f) The commission may recommend and approve amendments to
204	204	approved compatible development standards. The participating
205	205	governmental entities may approve the commission's amended
206	206	standards under procedures adopted by the entities.
207	207	Sec. 397A.008. COORDINATION WITH OTHER PLANS AND STUDIES.
208	208	The compatible development standards and regulations adopted under
209	209	this chapter must be coordinated with:
210	210	(1) the county plan for growth and development of the
211	211	participating county or a county located in the regional military
212	212	sustainability commission's territory;
213	213	(2) the comprehensive plan of the participating
214	214	municipality; and
215	215	(3) the most recent Joint Land Use Study, if the
216	216	commission makes a finding that the conclusions of the study
217	217	accurately reflect circumstances in the territory.
218	218	Sec. 397A.009. CONFLICT WITH OTHER LAWS. Except with
219	219	respect to Chapter 245, if a regulation adopted under this chapter
220	220	conflicts with a standard imposed under another statute or local
221	221	order or regulation, the more stringent standard controls.
222	222	Sec. 397A.010. FUNDS. (a) A regional military
223	223	sustainability commission does not have power to tax.
224	224	(b) A participating governmental entity may appropriate
225	225	funds to the commission for the costs and expenses required in the
226	226	performance of the commission's purposes.
227	227	(c) A commission may apply for, contract for, receive, and
228	228	expend for its purposes a grant or funds from a participating
229	229	governmental entity, the state, the federal government, or any
230	230	other source.
231	231	Sec. 397A.011. RESTRICTIONS. (a) A regional military
232	232	sustainability commission shall comply with laws applicable to
233	233	participating governmental entities relating to:
234	234	(1) reimbursement for travel expenses;
235	235	(2) nepotism;
236	236	(3) conflicts of interest; and
237	237	(4) registration of lobbyists.
238	238	(b) To the extent of a conflict between laws applicable to
239	239	participating governmental entities relating to a subject
240	240	described by Subsection (a), the more stringent requirement
241	241	controls.
242	242	Sec. 397A.012. WITHDRAWAL FROM COMMISSION. A participating
243	243	governmental entity may withdraw from a regional military
244	244	sustainability commission:
245	245	(1) by a two-thirds vote of its governing body; and
246	246	(2) after providing notice to the relevant military
247	247	installation commander not later than the 45th day before the date
248	248	of the vote under Subdivision (1).
249	249	Sec. 397A.013. EXPIRATION AFTER MILITARY INSTALLATION
250	250	CLOSURE. A regional military sustainability commission that
251	251	regulates territory around a military installation that is closed
252	252	by the federal government and the regional compatible development
253	253	standards adopted by the commission may continue in effect until
254	254	the fourth anniversary of the date the military installation is
255	255	closed.
256	256	Sec. 397A.014. JUDICIAL REVIEW OF COMMISSION OR
257	257	GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
258	258	of this chapter, a landowner aggrieved by a report submitted by the
259	259	regional military sustainability commission or by a permit
260	260	application decision of the participating governmental entity
261	261	under this chapter may appeal all or part of the report or permit
262	262	application decision to a district court. The court may reverse or
263	263	modify, wholly or partly, the report submitted by the commission or
264	264	the permit application decision that is appealed.
265	265	SECTION 2. This Act takes effect immediately if it receives
266	266	a vote of two-thirds of all the members elected to each house, as
267	267	provided by Section 39, Article III, Texas Constitution. If this
268	268	Act does not receive the vote necessary for immediate effect, this
269	269	Act takes effect September 1, 2009.