Texas 2009 - 81st Regular

Texas Senate Bill SB2439 Compare Versions

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1	1	By: Uresti S.B. No. 2439
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of development around certain military
7	7	facilities; providing a penalty.
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) an area located in a county with a population of
44	44	less than 5,000 that is adjacent to an international border;
45	45	(2) a tract of land used for a single-family residence
46	46	that is located outside the boundaries of a platted subdivision;
47	47	(3) a tract of land in agricultural use;
48	48	(4) an activity or a structure or appurtenance on a
49	49	tract of land in agricultural use; or
50	50	(5) any activity or a project, as that term is defined
51	51	by Section 245.001, that is:
52	52	(A) occurring or in existence on the effective
53	53	date of the Act adding this chapter; or
54	54	(B) receiving the benefits of or protected under
55	55	Chapter 245.
56	56	(b) In this section:
57	57	(1) "Agricultural use" means use or activity involving
58	58	agriculture.
59	59	(2) "Agriculture" means:
60	60	(A) cultivating the soil to produce crops for
61	61	human food, animal feed, seed for planting, or the production of
62	62	fibers;
63	63	(B) practicing floriculture, viticulture,
64	64	silviculture, or horticulture;
65	65	(C) raising, feeding, or keeping animals for
66	66	breeding purposes or for the production of food, fiber, leather,
67	67	pelts, or other tangible products having commercial value;
68	68	(D) planting cover crops, including cover crops
69	69	cultivated for transplantation, or leaving land idle for the
70	70	purpose of participating in a government program or normal crop or
71	71	livestock rotation procedure; or
72	72	(E) engaging in wildlife management.
73	73	Sec. 397A.003. CREATION OF REGIONAL MILITARY
74	74	SUSTAINABILITY COMMISSION. (a) A county with a population of
75	75	60,000 or less and a municipality that, with respect to the same
76	76	active military installation, constitutes a defense community, as
77	77	defined by Section 397.001, may agree by order, ordinance, or other
78	78	means to establish and fund a regional military sustainability
79	79	commission under this chapter in 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) A commission's territory consists of the unincorporated
87	87	area located within five miles of the boundary line of a military
88	88	installation designated as the commission's territory when the
89	89	commission is established.
90	90	(d) A commission is a political subdivision of the state, is
91	91	subject to Section 245.006, and is entitled to immunity as
92	92	described by Chapter 101, Civil Practice and Remedies Code.
93	93	(e) This chapter shall be narrowly construed in conformity
94	94	with the findings and purposes under Section 397A.001.
95	95	Sec. 397A.004. HEARING ON CREATION OF COMMISSION. (a) Not
96	96	earlier than the 60th day or later than the 30th day before the date
97	97	the governing body of each participating governmental entity
98	98	establishes a regional military sustainability commission, each
99	99	governing body shall hold two public hearings to consider the
100	100	creation of the proposed commission. Each governing body must, at
101	101	least seven days before each public hearing, prominently post
102	102	notice of the hearing in the administrative offices of the
103	103	governmental entity and publish notice of the hearing in a
104	104	newspaper of general circulation, if any, in the proposed
105	105	territory.
106	106	(b) The notice required by Subsection (a) must:
107	107	(1) state the date, time, and place for the public
108	108	hearing;
109	109	(2) identify the boundaries of the proposed territory,
110	110	including a map of the proposed territory; and
111	111	(3) provide a description of the proposed commission's
112	112	authority.
113	113	Sec. 397A.005. GOVERNING BODY OF REGIONAL MILITARY
114	114	SUSTAINABILITY COMMISSION. (a) The governing body of a regional
115	115	military sustainability commission is composed of not more than
116	116	nine members.
117	117	(b) Participating governmental entities may by joint
118	118	agreement determine the number, qualifications, and method of
119	119	selecting members of the governing body of a commission.
120	120	(c) A member of a governing body of a commission may not be
121	121	an elected official of a participating county or municipality.
122	122	Sec. 397A.006. COMMISSION REVIEW OF NEW PROJECTS. (a) In
123	123	this section, "new project" means a project, as that term is defined
124	124	by Section 245.001, for which an application for a permit that will
125	125	establish a vesting date under Chapter 245 has not been submitted to
126	126	a regulatory agency before the effective date of the Act adding this
127	127	chapter, including a water contract, sewer contract, or master
128	128	plan.
129	129	(b) A regional military sustainability commission shall
130	130	establish an advisory committee and appoint six members to the
131	131	committee. Three of the members appointed to the committee must
132	132	represent the military installation for which the commission is
133	133	established and three members must represent landowners in the area
134	134	surrounding the military installation. The committee shall advise
135	135	the commission on protecting the critical military missions of the
136	136	military installation with regard to development.
137	137	(c) On receipt of an application for a permit for a new
138	138	project in the commission's territory, the governing body of the
139	139	participating governmental entity shall review the application and
140	140	request a report from the commission regarding the proposed
141	141	project. The commission, with the advice of the advisory
142	142	committee, shall review the compatibility of the new project with
143	143	the military installation's military missions and related
144	144	operations based on the commission's compatible development
145	145	standards. The commission shall submit a report of its findings,
146	146	including a recommendation regarding compatibility, to the
147	147	reviewing governmental entity not later than the 15th calendar day
148	148	after the date the request was made. The report must include an
149	149	estimate of the fiscal impact on the affected property of any
150	150	recommendations submitted by the commission as part of the report.
151	151	(d) The reviewing governmental entity may not take action on
152	152	the permit application until it receives the report of the
153	153	commission. If the commission finds that the proposed new project
154	154	is not compatible with the military installation's missions and
155	155	recommends denial of the permit application, the reviewing
156	156	governmental entity may disapprove the permit application.
157	157	(e) On annexation of an area in the commission's territory
158	158	for full or limited purposes by a municipality, the commission's
159	159	authority over the area expires. The commission regains the
160	160	authority in an area if the municipality disannexes the area.
161	161	Sec. 397A.007. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
162	162	(a) Before exercising the authority granted by Section 397A.006, a
163	163	regional military sustainability commission shall recommend and
164	164	adopt compatible development standards for the territory. The
165	165	commission must consider and may adopt, as part of the regional
166	166	compatible development standards, the Federal Aviation
167	167	Administration regulations regarding height restrictions
168	168	surrounding a military installation that services aircraft and
169	169	helicopters. The commission shall submit compatible development
170	170	standards adopted under this section to the participating
171	171	governmental entities for approval.
172	172	(b) Before taking action to approve or reject the compatible
173	173	development standards proposed by the commission, the
174	174	participating governmental entities shall:
175	175	(1) provide notice of the commission's proposed
176	176	compatible development standards to property owners in the
177	177	commission's territory, as determined by the most recent county tax
178	178	roll; and
179	179	(2) publish notice of the commission's proposed
180	180	compatible development standards in a newspaper of general
181	181	circulation, if any, in the commission's territory.
182	182	(c) The failure of notice to reach each property owner under
183	183	Subsection (b) does not invalidate compatible development
184	184	standards adopted under this section.
185	185	(d) The compatible development standards are final after
186	186	approval by a majority vote of each participating governmental
187	187	entity. Notice of the final compatible development standards must
188	188	be provided to all appropriate taxing entities for filing in the
189	189	real property records of the county.
190	190	(e) The commission may include in the compatible
191	191	development standards a recommendation to a participating
192	192	governmental entity to purchase property in the commission's
193	193	territory as practical to protect a critical military mission.
194	194	(f) The commission may recommend and approve amendments to
195	195	approved compatible development standards. The participating
196	196	governmental entities may approve the commission's amended
197	197	standards under procedures adopted by the entities.
198	198	Sec. 397A.008. COORDINATION WITH OTHER PLANS AND STUDIES.
199	199	The compatible development standards and regulations adopted under
200	200	this chapter must be coordinated with:
201	201	(1) the county plan for growth and development of the
202	202	participating county or a county located in the regional military
203	203	sustainability commission's territory;
204	204	(2) the comprehensive plan of the participating
205	205	municipality; and
206	206	(3) the most recent Joint Land Use Study, if the
207	207	commission makes a finding that the conclusions of the study
208	208	accurately reflect circumstances in the territory.
209	209	Sec. 397A.009. CONFLICT WITH OTHER LAWS. Except with
210	210	respect to Chapter 245, if a regulation adopted under this chapter
211	211	conflicts with a standard imposed under another statute or local
212	212	order or regulation, the more stringent standard controls.
213	213	Sec. 397A.010. FUNDS. (a) A regional military
214	214	sustainability commission does not have power to tax.
215	215	(b) A participating governmental entity may appropriate
216	216	funds to the commission for the costs and expenses required in the
217	217	performance of the commission's purposes.
218	218	(c) A commission may apply for, contract for, receive, and
219	219	expend for its purposes a grant or funds from a participating
220	220	governmental entity, the state, the federal government, or any
221	221	other source.
222	222	Sec. 397A.011. RESTRICTIONS. (a) A regional military
223	223	sustainability commission shall comply with laws applicable to
224	224	participating governmental entities relating to:
225	225	(1) reimbursement for travel expenses;
226	226	(2) nepotism;
227	227	(3) conflicts of interest; and
228	228	(4) registration of lobbyists.
229	229	(b) To the extent of a conflict between laws applicable to
230	230	participating governmental entities relating to a subject
231	231	described by Subsection (a), the more stringent requirement
232	232	controls.
233	233	Sec. 397A.012. WITHDRAWAL FROM COMMISSION. A participating
234	234	governmental entity may withdraw from a regional military
235	235	sustainability commission:
236	236	(1) by a two-thirds vote of its governing body; and
237	237	(2) after providing notice to the relevant military
238	238	installation commander not later than the 45th day before the date
239	239	of the vote under Subdivision (1).
240	240	Sec. 397A.013. EXPIRATION AFTER MILITARY INSTALLATION
241	241	CLOSURE. A regional military sustainability commission that
242	242	regulates territory around a military installation that is closed
243	243	by the federal government and the regional compatible development
244	244	standards adopted by the commission may continue in effect until
245	245	the fourth anniversary of the date the military installation is
246	246	closed.
247	247	Sec. 397A.014. JUDICIAL REVIEW OF COMMISSION OR
248	248	GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
249	249	of this chapter, a landowner aggrieved by a report submitted by the
250	250	regional military sustainability commission or by a permit
251	251	application decision of the participating governmental entity
252	252	under this chapter may appeal all or part of the report or permit
253	253	application decision to a district court, county court, or county
254	254	court at law. The court may reverse or modify, wholly or partly,
255	255	the report submitted by the commission or the permit application
256	256	decision that is appealed.
257	257	SECTION 2. This Act takes effect immediately if it receives
258	258	a vote of two-thirds of all the members elected to each house, as
259	259	provided by Section 39, Article III, Texas Constitution. If this
260	260	Act does not receive the vote necessary for immediate effect, this
261	261	Act takes effect September 1, 2009.