82R8154 PAM-D
By: King of Taylor H.B. No. 1665
A BILL TO BE ENTITLED
AN ACT
relating to the notification requirements regarding certain land
use regulations in an area near military facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 397.005, Local Government
Code, is amended to read as follows:
Sec. 397.005. CONSULTATION WITH OR NOTIFICATION TO DEFENSE
BASE AUTHORITIES: PROPOSED ORDINANCE, RULE, OR PLAN.
SECTION 2. Section 397.005(b), Local Government Code, is
amended to read as follows:
(b) This subsection applies only to a defense community that
includes a municipality with a population of more than 110,000
located in a county with a population of less than 135,000 and that
has not adopted airport zoning regulations under Chapter 241. A
defense community that proposes to adopt or amend an ordinance,
rule, or plan in an area located within eight miles of the boundary
line of a defense base [or the military exercise or training
activities connected to the base] shall notify [seek comments and
analysis from] the defense base authorities concerning the
compatibility of the proposed ordinance, rule, or plan with base
operations.
SECTION 3. The heading to Section 397.006, Local Government
Code, is amended to read as follows:
Sec. 397.006. CONSULTATION WITH OR NOTIFICATION TO DEFENSE
BASE AUTHORITIES: PROPOSED STRUCTURE.
SECTION 4. Section 397.006(b), Local Government Code, is
amended to read as follows:
(b) On receipt of an application for a permit as described
by Section 245.001 for a proposed structure in an area located
within eight miles of the boundary line of a defense base [or the
military exercise or training activities connected to the base],
the defense community reviewing the application shall notify [seek
comments and analysis from] the defense base authorities concerning
the compatibility of the proposed structure with base operations.
SECTION 5. Sections 397.005(c) and 397.006(c), Local
Government Code, are repealed.
SECTION 6. (a) The changes in law made by this Act apply
only to an ordinance, rule, or plan proposed to be adopted or
amended under Section 397.005(b), Local Government Code, as amended
by this Act, or an application for a permit for a proposed structure
received under Section 397.006(b), Local Government Code, as
amended by this Act, on or after the effective date of this Act.
(b) An ordinance, rule, or plan proposed to be adopted or
amended under Section 397.005(b), Local Government Code, or an
application for a permit for a proposed structure received under
Section 397.006(b), Local Government Code, before the effective
date of this Act is governed by the law on the date the ordinance,
rule, or plan was proposed to be adopted or amended or the permit
application was received, and the former law is continued in effect
for that purpose.
SECTION 7. 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, 2011.