S.B. No. 1200
AN ACT
relating to the Texas Military Preparedness Commission and
strategic planning regarding military bases and defense
installations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 436.001, Government Code, is amended to
read as follows:
Sec. 436.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Military
Preparedness Commission.
(2) "Defense community" has the meaning assigned by
Section 397.001, Local Government Code.
(3) "Defense worker" means:
(A) an employee of the United States Department
of Defense, including a member of the armed forces and a government
civilian worker;
(B) an employee of a government agency or private
business, or entity providing a department of defense related
function, who is employed at a defense facility;
(C) an employee of a business that directly
provides services or products to the department of defense and
whose job is directly dependent on defense expenditures; or
(D) an employee or private contractor employed by
the United States Department of Energy working on a defense or
department of energy facility in support of a department of defense
related project.
(4) "Defense worker job" means a department of defense
authorized permanent position or a position held or occupied by one
or more defense workers for more than 12 months.
(5) "Office" means the Texas Economic Development and
Tourism Office in the office of the governor.
(6) "Panel" means the commission's defense economic
adjustment assistance panel.
(7) "Texas Commanders Council" means the consortium of
commanding officers of the military installations in this state.
SECTION 2. Subsection (a), Section 436.051, Government
Code, is amended to read as follows:
(a) The commission is composed of:
(1) 13 public members, appointed by the governor; and
(2) the following ex officio members:
(A) the chair of the committee of the Texas House
of Representatives that has primary jurisdiction of matters
concerning defense affairs and military affairs [state-federal
relations]; and
(B) the chair of the committee [one member] of
the Texas Senate that has primary jurisdiction of matters
concerning defense affairs and military affairs [appointed by the
lieutenant governor].
SECTION 3. Section 436.101, Government Code, is amended to
read as follows:
Sec. 436.101. GENERAL POWERS AND DUTIES [OF COMMISSION].
(a) The commission shall[:
[(1)] advise the governor and the legislature on
defense and military issues.
(b) The commission shall meet not less than once each year
with the Texas Commanders Council to:
(1) discuss the goals and challenges facing military
installations and develop recommendations for improvements;
(2) discuss ways the state can enhance and complement
the mission of the military installations in this state; and
(3) discuss services available to assist
transitioning military service members and their families.
(c) The commission shall act as the liaison to improve
coordination among the Texas Commanders Council and relevant state
agencies, including:
(1) the Texas Veterans Commission;
(2) the Veterans' Land Board;
(3) the Public Utility Commission of Texas;
(4) the Office of Public Utility Counsel; and
(5) the Texas Commission on Environmental Quality.
(d) The commission shall:
(1) administer and monitor the implementation of this
chapter;
(2) establish criteria and procedures and award grants
equitably based on evaluations, giving preference to defense
communities that may be adversely affected over positively affected
defense communities;
(3) [and economic and industrial development related
to military issues;
[(2)] make recommendations regarding:
(A) the development of policies and plans to
support the long-term viability and prosperity of the military,
active and civilian, in this state, including promoting strategic
regional alliances that may extend over state lines; and
(B) the development of methods to assist
defense-dependent communities in the design and execution of
programs that enhance a community's relationship with military
installations and defense-related businesses;
(4) [(3)] provide information to communities, the
legislature, the state's congressional delegation, and state
agencies regarding federal actions affecting military
installations and missions;
(5) [(4)] serve as a clearinghouse for:
(A) defense economic adjustment and transition
information and activities along with the Texas Business and
Community Economic Development Clearinghouse; and
(B) information about:
(i) issues related to the operating costs,
missions, and strategic value of federal military installations
located in the state;
(ii) employment issues for communities that
depend on defense bases and in defense-related businesses; and
(iii) defense strategies and incentive
programs that other states are using to maintain, expand, and
attract new defense contractors;
(6) [(5)] provide assistance to communities that have
experienced a defense-related closure or realignment;
(7) [(6)] assist communities in the design and
execution of programs that enhance a community's relationship with
military installations and defense-related businesses, including
regional alliances that may extend over state lines;
(8) [(7)] assist communities in the retention and
recruiting of defense-related businesses, including fostering
strategic regional alliances that may extend over state lines;
(9) [(8)] encourage economic development in this
state by fostering the development of industries related to defense
affairs; and
(10) [(9)] advocate for the preservation and
expansion of missions of reservists at military installations in
the state.
(e) The commission may use an amount equal to not more than
two percent of the total amount of grants authorized during each
biennium to administer this chapter and other law relating to
readjustment of defense communities.
(f) The commission shall adopt rules necessary to implement
this chapter.
SECTION 4. The heading to Section 436.103, Government Code,
is amended to read as follows:
Sec. 436.103. BIENNIAL [ANNUAL] REPORT; ANNUAL MEETING.
SECTION 5. Subsection (b), Section 436.103, Government
Code, is amended to read as follows:
(b) Not later than July 1 of each even-numbered year, the
commission shall prepare and submit a report to the governor and the
legislature about the active military installations, communities
that depend on military installations, and defense-related
businesses in this state. The commission may update the report in
an odd-numbered year. The report must include:
(1) an economic impact statement describing in detail
the effect of the military on the economy of this state;
(2) a statewide assessment of active military
installations and current missions;
(3) a statewide strategy to attract new military
missions and defense-related business and include specific actions
that add military value to existing military installations;
(4) a list of state and federal activities that have
significant impact on active military installations and current
missions;
(5) a statement identifying:
(A) the state and federal programs and services
that assist communities impacted by military base closures or
realignments and the efforts to coordinate those programs; and
(B) the efforts to coordinate state agency
programs and services that assist communities in retaining active
military installations and current missions;
(6) an evaluation of initiatives to retain existing
defense-related businesses; [and]
(7) a list of agencies with regulations, policies,
programs, or services that impact the operating costs or strategic
value of federal military installations and activities in the
state; and
(8) a summary of the commission's meetings with the
Texas Commanders Council under Section 436.101(b), including
recommendations, goals, and challenges based on those meetings.
SECTION 6. Subchapter C, Chapter 436, Government Code, is
amended by adding Section 436.105 to read as follows:
Sec. 436.105. MILITARY BASE REALIGNMENT AND CLOSURE TASK
FORCE. (a) The commission shall establish a task force to seek
advice to prepare for possible action by the United States
Department of Defense related to the realignment or closure of
military installations in this state.
(b) The task force established under this section must
consist of not more than seven members who have demonstrated
experience or expertise in the United States Department of
Defense's base realignment and closure process.
(c) The task force established under this section shall:
(1) confer with defense communities and military
installations located in this state to identify strategies,
policies, plans, projects, and other ways to improve base
realignment scores; and
(2) advise and make recommendations to the commission
and legislature on any strategy, policy, plan, project, or action
the task force believes will strengthen the defense communities and
military installations in the state and prevent the closure or a
significant reduction of the operations of the military
installations.
SECTION 7. Section 436.152, Government Code, is amended to
read as follows:
Sec. 436.152. ANALYSIS OF PROJECTS THAT ADD MILITARY OR
DEFENSE VALUE; FINANCING. (a) A defense community may submit the
community's military base or defense facility value enhancement
statement prepared under Chapter 397, Local Government Code, to the
commission.
(b) On receiving a defense community's military base or
defense facility value enhancement statement, the commission shall
analyze the projects included in the statement using the criteria
it has developed. The commission shall develop project analysis
criteria based on the criteria the United States Department of
Defense uses for evaluating military bases or defense facilities in
the department's [base] realignment and closure process.
(c) The commission shall determine whether each project
identified in the defense community's military base or defense
facility value enhancement statement will enhance the military or
defense value of the military base or defense facility. The
commission shall assist the community in prioritizing the projects
that enhance the military or defense value of a military base or
defense facility, giving the highest priority to projects that add
the most [military] value under the commission's project analysis
criteria.
(d) The commission shall refer the defense community to the
appropriate state agency that has an existing program to provide
financing for each project identified in the community's military
base or defense facility value enhancement statement that adds
military or defense value to a military base or defense
facility. If there is no existing program to finance a project,
the office may provide a loan of financial assistance to the defense
community for the project.
SECTION 8. Subsections (a), (b), (c), and (d), Section
436.153, Government Code, are amended to read as follows:
(a) The office may provide a loan of financial assistance to
a defense community for a project that will enhance the military or
defense value of a military base or defense facility located in,
near, or adjacent to the defense community. The loan shall be made
from the Texas military value revolving loan account established
under Section 436.156.
(b) On receiving an application for a loan under this
section, the office shall confirm with the commission that the
project adds military or defense value to the military base or
defense facility.
(c) If the commission determines that a project will enhance
the military or defense value of the military base or defense
facility, the office shall, in accordance with the criteria adopted
by the office under Section 436.154(a):
(1) analyze the creditworthiness of the defense
community to determine the defense community's ability to repay the
loan; and
(2) evaluate the feasibility of the project to be
financed to ensure that the defense community has pledged a source
of revenue or taxes sufficient to repay the loan for the project.
(d) If the commission confirms that the funds will be used
to enhance the military or defense value of the military base or
defense facility based on the base realignment and closure
criteria, to overcome an action of the United States Department of
Defense that will negatively impact the military base or defense
facility, or for the recruitment or retention of a defense facility
and the office determines that the project is financially feasible,
the executive director of the office may award a loan to the defense
community for the project. The office shall enter into a written
agreement with a defense community that is awarded a loan. The
agreement must contain the terms and conditions of the loan,
including the loan repayment requirements.
SECTION 9. Subsection (a), Section 436.1532, Government
Code, is amended to read as follows:
(a) The office may provide a loan of financial assistance to
a defense community for an infrastructure project to accommodate
[accomodate] new or expanded military missions assigned to a
military base or defense facility located in, near, or adjacent to
the defense community as a result of a United States Department of
Defense base realignment process that occurs during 2005 or later.
The loan shall be made from the Texas military value revolving loan
account established under Section 436.156.
SECTION 10. Subsection (a), Section 436.155, Government
Code, is amended to read as follows:
(a) A defense community in this state may borrow money from
the state, including by direct loan, based on the credit of the
defense community to finance a project included in the community's
military base or defense facility value enhancement statement.
SECTION 11. Chapter 436, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. GRANTS
Sec. 436.201. ELIGIBILITY FOR GRANT. (a) The following
local governmental entities are eligible for a grant under this
subchapter:
(1) a municipality or county that is a defense
community;
(2) a regional planning commission that has a defense
community within its boundaries;
(3) a public junior college district that is wholly or
partly located in a defense community;
(4) a campus or education extension center of the
Texas State Technical College System that is located in a defense
community;
(5) a defense base development authority created under
Chapter 379B, Local Government Code; and
(6) a political subdivision that has the power of a
defense base development authority created under Chapter 379B,
Local Government Code.
(b) An eligible local governmental entity may be awarded a
grant if the commission determines that the entity may be adversely
or positively affected by an anticipated, planned, announced, or
implemented action of the United States Department of Defense to
close, reduce, increase, or otherwise realign defense worker jobs
or facilities.
Sec. 436.202. GRANT CRITERIA. (a) From money appropriated
for this purpose, the commission may make a grant to an eligible
local governmental entity to:
(1) enable the entity to match money or meet an
investment requirement necessary to receive federal assistance
provided to the local governmental entity for responding to or
recovering from an event described by Section 436.201(b);
(2) match the entity's contribution for a purpose
described by Section 436.203 at a closed or realigned defense
facility; or
(3) construct infrastructure and other projects
necessary to accommodate a new or expanded military mission at a
military base or to reduce the impact of an action of the United
States Department of Defense that will negatively impact a defense
facility located in or near the entity.
(b) The commission may not make a grant for an amount less
than $50,000 or an amount more than the lesser of:
(1) 50 percent of the amount of matching money or
investment that the local governmental entity is required to
provide, subject to Subsection (c);
(2) 50 percent of the local governmental entity's
investment for purposes described by Section 436.203 if federal
assistance is unavailable; or
(3) $2 million.
(c) If the local governmental entity demonstrates to the
commission that, because of a limited budget, the entity lacks the
resources necessary to provide 50 percent of the amount of matching
money or investment that the entity is required to provide, the
commission may make a grant in an amount of not more than 80 percent
of the amount of that matching money or investment requirement but
may not make a grant in an amount that exceeds $2 million.
(d) The commission may make a grant to an eligible local
governmental entity without regard to the availability or
acquisition of matching money.
Sec. 436.203. USE OF PROCEEDS. (a) A local governmental
entity may use the proceeds of a grant awarded under this subchapter
for the purchase of property, including the purchase of property
from the United States Department of Defense or its designated
agent, new construction, rehabilitation or renovation of
facilities or infrastructure, or purchase of capital equipment or
facilities insurance.
(b) The local governmental entity may deliver the money to a
special district, development corporation, or other
instrumentality of this state or the local governmental entity for
use as provided by this chapter and other applicable law.
(c) An eligible local governmental entity described by
Section 436.201(a)(3) or (4) may use the proceeds of the grant to
purchase or lease equipment to train defense workers whose jobs
have been threatened or lost because of an event described by
Section 436.201(b).
Sec. 436.204. APPLICATION FOR GRANT. (a) A local
governmental entity may apply for a grant under this subchapter to
the commission on a form prescribed by the commission. The
commission shall establish periodic application cycles to enable
the evaluation of groups of applicants.
(b) The office may assist a local governmental entity in
applying for a grant under this chapter.
Sec. 436.205. PANEL: EVALUATION OF APPLICATION. (a) The
commission shall establish a defense economic adjustment
assistance panel composed of at least three and not more than five
professional full-time employees of the office of the governor
appointed by the director of the commission.
(b) The panel shall evaluate each grant application and
assign the applicant a score based on:
(1) the significance of the adverse or positive effect
within the local governmental entity, including the number of jobs
that may be lost or gained in relation to the workforce in the local
governmental entity's jurisdiction and the effect on the entity's
and surrounding area's economy and tax revenue;
(2) the extent to which the local governmental entity
may have used its existing resources to promote local economic
development;
(3) the amount of any grant that the local
governmental entity has previously received under this subchapter;
(4) the anticipated number of jobs that may be created
or retained in relation to the amount of the grant sought; and
(5) the extent to which the grant will affect the
region in which the local governmental entity is located.
Sec. 436.206. MAKING OF GRANT. The panel shall submit its
scores to the commission. The commission shall use the scores to
determine whether to make a grant to an applicant. The commission
may not make a grant unless the legislature has appropriated the
money for the grant.
Sec. 436.207. DEFENSE COMMUNITY WITH MORE THAN ONE MILITARY
BASE. For purposes of the preference for adversely affected
defense communities, a defense community that contains or is in
proximity to more than one military base is considered an adversely
affected defense community if the local governmental entity is
applying for a grant under this subchapter for a project relating to
the military base that is closed or whose operations are
significantly reduced.
SECTION 12. The heading to Chapter 397, Local Government
Code, is amended to read as follows:
CHAPTER 397. STRATEGIC PLANNING RELATING TO MILITARY BASES AND
DEFENSE FACILITIES [INSTALLATIONS]
SECTION 13. Section 397.001, Local Government Code, is
amended to read as follows:
Sec. 397.001. DEFINITIONS. In this chapter:
(1) ["Defense base" means a federally owned or
operated military installation or facility that is presently
functioning or was closed as a result of the United States
Department of Defense base realignment process.
[(2)] "Defense community" means a political
subdivision, including a municipality, county, or special
district, that is adjacent to, is near, or encompasses any part of a
military base or defense facility [base].
(2) "Defense facility" means a government agency,
private business, or other entity providing a United States
Department of Defense related function or a private business that
provides direct services or products to the United States
Department of Defense.
(3) "Military base" means a federally owned or
operated military installation or facility that is presently
functioning or was closed as a result of the United States
Department of Defense base realignment process.
SECTION 14. The heading to Section 397.002, Local
Government Code, is amended to read as follows:
Sec. 397.002. MILITARY BASE OR DEFENSE FACILITY [BASE
MILITARY] VALUE ENHANCEMENT STATEMENT.
SECTION 15. Subsections (a), (c), (d), and (e), Section
397.002, Local Government Code, are amended to read as follows:
(a) A defense community that applies for financial
assistance from the Texas military value revolving loan account
under Section 436.153, Government Code, shall prepare, in
consultation with the authorities from each military base or
defense facility [base] associated with the community, a military
base or defense facility [base military] value enhancement
statement that illustrates specific ways the funds will enhance the
military or defense value of the military base or defense facility
[installations] and must include the following information for each
project:
(1) the purpose for which financial assistance is
requested, including a description of the project;
(2) the source of other funds for the project;
(3) a statement on how the project will enhance the
military or defense value of the military base or defense facility
[installation];
(4) whether the defense community has coordinated the
project with authorities of the military base or defense facility
[installation] and whether any approval has been obtained from
those authorities;
(5) whether any portion of the project is to occur on
the military base or defense facility [installation];
(6) whether the project will have any negative impact
on the natural or cultural environment;
(7) a description of any known negative factors
arising from the project that will affect the community or the
military base or defense facility [installation]; and
(8) a description of how the project will address
future base realignment or closure or a negative United States
Department of Defense decision.
(c) Two or more defense communities near the same military
base or defense facility [base] that apply for financial assistance
from the Texas military value revolving loan account may prepare a
joint statement.
(d) A copy of the military base or defense facility [base
military] value enhancement statement shall be distributed to the
authorities of each military base or defense facility [base]
included in the statement and the Texas Military Preparedness
Commission.
(e) This section does not prohibit a defense community that
is not applying for financial assistance from preparing a military
base or defense facility [base military] value enhancement
statement under this section.
SECTION 16. Subsections (a) and (c), Section 397.0021,
Local Government Code, are amended to read as follows:
(a) A defense community that is adjacent to a closed
military base or defense facility [installation] and applies for
financial assistance from the Texas military value revolving loan
account shall prepare an economic redevelopment value statement
that illustrates specific ways the funds will be used to promote
economic development in the community and include the following
information for each project:
(1) the purpose for which financial assistance is
requested, including a description of the project;
(2) the source of other funds for the project;
(3) a statement on how the project will promote
economic development in the community;
(4) whether any portion of the project is to occur on a
closed military base or defense facility [installation];
(5) whether any approval has been obtained from those
authorities retaining or receiving title to that portion of the
closed military base or defense facility [installation] to be
affected by the project;
(6) whether the project will have any negative impact
on the natural or cultural environment; and
(7) a description of any known negative factors
arising from the project that will affect the defense community.
(c) Two or more defense communities near the same military
base or defense facility [base] that apply for financial assistance
from the Texas military value revolving loan account may prepare a
joint statement.
SECTION 17. Sections 397.003, 397.004, and 397.005, Local
Government Code, are amended to read as follows:
Sec. 397.003. COMPREHENSIVE DEFENSE [INSTALLATION AND]
COMMUNITY STRATEGIC IMPACT PLAN. (a) A defense community may
request financial assistance from the Texas military value
revolving loan account to prepare a comprehensive defense
[installation and] community strategic impact plan that states the
defense community's long-range goals and development proposals
relating to the following purposes:
(1) controlling negative effects of future growth of
the defense community on the military base or defense facility
[base] and minimizing encroachment on military exercises or
training activities connected to the military base or defense
facility;
(2) enhancing the military or defense value of the
military base or defense facility [base] while reducing operating
costs; and
(3) identifying which, if any, property and services
in a region can be shared by the military base or defense facility
[base] and the defense community.
(b) The comprehensive defense [installation and] community
strategic impact plan should include, if appropriate, maps,
diagrams, and text to support its proposals and must include the
following elements as they relate to each military base or defense
facility [base] included in the plan:
(1) a land use element that identifies:
(A) proposed distribution, location, and extent
of land uses such as housing, business, industry, agriculture,
recreation, public buildings and grounds, and other categories of
public and private land uses as those uses may impact the [defense]
base or facility; and
(B) existing and proposed regulations of land
uses, including zoning, annexation, or planning regulations as
those regulations may impact the [defense] base or facility;
(2) a transportation element that identifies the
location and extent of existing and proposed freeways, streets, and
roads and other modes of transportation;
(3) a population growth element that identifies past
and anticipated population trends;
(4) a water resources element that:
(A) addresses currently available surface water
and groundwater supplies; and
(B) addresses future growth projections and ways
in which the water supply needs of the defense community and the
[defense] base or facility can be adequately served by the existing
resources, or if such a need is anticipated, plans for securing
additional water supplies;
(5) a conservation element that describes methods for
conservation, development, and use of natural resources, including
land, forests, soils, rivers and other waters, wildlife, and other
natural resources;
(6) an open-space area element that includes:
(A) a list of existing open-space land areas;
(B) an analysis of the [defense] base's or
facility's forecasted needs for open-space areas to conduct its
military training activities; and
(C) suggested strategies under which land on
which some level of development has occurred can make a transition
to an open-space area, if needed;
(7) a restricted airspace element that creates buffer
zones, if needed, between the [defense] base or facility and the
defense community; and
(8) a military training route element that identifies
existing routes and proposes plans for additional routes, if
needed.
(c) Two or more defense communities near the same military
base or defense facility [base] may prepare a joint plan.
Sec. 397.004. PLANNING MANUAL. A defense community that
has prepared a comprehensive defense [installation and] community
strategic impact plan described by Section 397.003 is encouraged to
develop, in coordination with the authorities of each military base
or defense facility [base] associated with the community, a
planning manual based on the proposals contained in the plan. The
manual should adopt guidelines for community planning and
development to further the purposes described under Section
397.002. The defense community should, from time to time, consult
with military base or defense facility [base] authorities regarding
any changes needed in the planning manual guidelines adopted under
this section.
Sec. 397.005. CONSULTATION WITH OR NOTIFICATION TO MILITARY
BASE OR DEFENSE FACILITY [BASE] AUTHORITIES: PROPOSED ORDINANCE,
RULE, OR PLAN. (a) This subsection applies to a defense community
other than a defense community described by Subsection (b). If a
defense community determines that an ordinance, rule, or plan
proposed by the community may impact a military base or defense
facility [base] or the military exercise or training activities
connected to the base or facility, the defense community shall seek
comments and analysis from the [defense] base or facility
authorities concerning the compatibility of the proposed
ordinance, rule, or plan with base operations. The defense
community shall consider and analyze the comments and analysis
before making a final determination relating to the proposed
ordinance, rule, or plan.
(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 military base or defense facility [base] shall notify the
[defense] base or facility authorities concerning the
compatibility of the proposed ordinance, rule, or plan with base
operations.
SECTION 18. The heading to Section 397.006, Local
Government Code, is amended to read as follows:
Sec. 397.006. CONSULTATION WITH OR NOTIFICATION TO MILITARY
BASE OR DEFENSE FACILITY [BASE] AUTHORITIES: PROPOSED STRUCTURE.
SECTION 19. Subsection (b), Section 397.006, 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 military base or
defense facility [base], the defense community reviewing the
application shall notify the [defense] base or facility authorities
concerning the compatibility of the proposed structure with base
operations.
SECTION 20. Section 436.151, Government Code, and Chapter
486, Government Code, are repealed.
SECTION 21. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1200 passed the Senate on
April 25, 2013, by the following vote: Yeas 28, Nays 0; and that
the Senate concurred in House amendment on May 22, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1200 passed the House, with
amendment, on May 17, 2013, by the following vote: Yeas 132,
Nays 2, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor