84R21167 TSR-F
By: Farias, Kuempel, Frank, Gutierrez, H.B. No. 1640
et al.
Substitute the following for H.B. No. 1640:
By: Shaheen C.S.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 by adding Subsections (c), (d), and (e) to read as follows:
(c) A defense community that proposes to adopt or amend an
ordinance, rule, or plan that would be applicable in a controlled
compatible land use area as defined by Section 241.003 and that may
impact base operations 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) 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;
(2) is a county with a population of 130,000 or more
that is adjacent to a county described by Subdivision (1);
(3) is located in a county described by Subdivision
(1) or (2); or
(4) is or includes a municipality that is located in a
county with a population of more than 130,000 that borders the Red
River.
(d) A defense community described by Subsection (c) may
enter into a memorandum of agreement with the military base or
defense facility to establish a smaller area in the controlled
compatible land use area for which notification under Subsection
(c) would be required by the defense community.
(e) After providing notice under Subsection (c), the
defense community 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),
(c-1), and (c-2) to read as follows:
(a) Subsection (b) [This section] 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.
(c) On receipt of an application for a permit as defined by
Section 245.001 for a proposed structure that would be located in a
controlled compatible land use area as defined by Section 241.003
and may impact base operations, a defense community shall notify
the base or facility authorities concerning the compatibility of
the proposed structure with base operations. This subsection
applies only to a defense community that has not adopted airport
zoning regulations under Chapter 241 and that:
(1) 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;
(2) is a county with a population of 130,000 or more
that is adjacent to a county described by Subdivision (1);
(3) is located in a county described by Subdivision
(1) or (2); or
(4) is or includes a municipality that is located in a
county with a population of more than 130,000 that borders the Red
River.
(c-1) A defense community described by Subsection (c) may
enter into a memorandum of agreement with the military base or
defense facility to establish a smaller area in the controlled
compatible land use area for which notification under Subsection
(c) would be required by the defense community.
(c-2) After providing notice under Subsection (c), a
defense community 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.