By: Van de Putte S.B. No. 2223
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 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 regulatory 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.
Sec. 397A.002. APPLICABILITY. (a) A regulation or
compatible development standard 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;
(3) an activity or a structure or appurtenance on a
tract of land in agricultural use; or
(4) 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:
(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) 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 chapter 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) A commission is a political subdivision of the state, is
subject to Section 245.006, and is entitled to immunity as
described by Chapter 101, Civil Practice and Remedies Code.
(f) This chapter shall be narrowly 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, 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
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, qualifications, 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. 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 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 commission's
authority over the area expires. The commission regains the
authority in an area if the municipality disannexes the area.
Sec. 397A.007. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
(a) Before exercising the authority granted by Section 397A.006, a
regional military sustainability commission shall recommend and
adopt compatible development standards for the territory. The
commission must consider and may adopt, 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 compatible development standards adopted
under this section 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 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 and approve amendments to
approved compatible development standards. The participating
governmental entities may approve the commission's amended
standards under procedures adopted by the entities.
Sec. 397A.008. COORDINATION WITH OTHER PLANS AND STUDIES.
The compatible development standards and regulations adopted under
this chapter 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.009. CONFLICT WITH OTHER LAWS. Except with
respect to Chapter 245, 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.010. 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 the commission's 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 any
other source.
Sec. 397A.011. 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
participating governmental entities relating to a subject
described by Subsection (a), the more stringent requirement
controls.
Sec. 397A.012. 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.013. 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 compatible development
standards adopted by the commission may continue in effect until
the fourth anniversary of the date the military installation is
closed.
Sec. 397A.014. JUDICIAL REVIEW OF COMMISSION OR
GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
of this chapter, 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 chapter 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.
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.