84R7345 TSR-F
By: Farias H.B. No. 1640
A BILL TO BE ENTITLED
AN ACT
relating to the compatibility of certain defense community
regulations and structures with military operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 397.005, Local Government Code, is
amended to read as follows:
Sec. 397.005. CONSULTATION WITH OR NOTIFICATION TO MILITARY
BASE OR DEFENSE FACILITY AUTHORITIES: PROPOSED ORDINANCE, RULE, OR
PLAN. (a) This subsection applies to a defense community other than
a defense community described by Subsection (b)(1) [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 or the military exercise or training activities connected
to the base or facility, the defense community shall seek comments
and analysis from the 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 shall notify the base or
facility authorities concerning the compatibility of the proposed
ordinance, rule, or plan with base operations. This subsection
applies only to a defense community that has not adopted airport
zoning regulations under Chapter 241 and that:
(1) includes a municipality with a population of more
than 110,000 located in a county with a population of less than
135,000;
(2) is a county with a population of more than 1.5
million that contains a municipality in which at least 75 percent of
the county's population resides;
(3) is a county with a population of 130,000 or more
that is adjacent to a county described by Subdivision (2); or
(4) is located in a county described by Subdivision
(2) or (3).
(c) A defense community described by Subsection (b)(2),
(3), or (4) may enter into a memorandum of agreement with the
military base or defense facility to establish a shorter distance
from the boundary line of the military base or defense facility for
which notification under Subsection (b) would be required by the
defense community.
(d) After providing notice under Subsection (b), a defense
community described by Subsection (b)(2), (3), or (4) shall enter
into a memorandum of agreement with the military base or defense
facility to establish provisions to maintain the compatibility of
the proposed ordinance, rule, or plan with base operations.
SECTION 2. Section 397.006, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (c) and
(c-1) to read as follows:
(a) This section applies only to a defense community that
has not adopted airport zoning regulations under Chapter 241 and
that:
(1) includes a municipality with a population of more
than 110,000 located in a county with a population of less than
135,000;
(2) is a county with a population of more than 1.5
million that contains a municipality in which at least 75 percent of
the county's population resides;
(3) is a county with a population of 130,000 or more
that is adjacent to a county described by Subdivision (2); or
(4) is located in a county described by Subdivision
(2) or (3) [and that has not adopted airport zoning regulations
under Chapter 241].
(c) A defense community described by Subsection (a)(2),
(3), or (4) may enter into a memorandum of agreement with the
military base or defense facility to establish a shorter distance
from the boundary line of the military base or defense facility for
which notification under Subsection (b) would be required by the
defense community.
(c-1) After providing notice under Subsection (b), a
defense community described by Subsection (a)(2), (3), or (4) shall
enter into a memorandum of agreement with the military base or
defense facility to establish provisions to maintain the
compatibility of the proposed structure with base operations.
SECTION 3. This Act takes effect September 1, 2015.