Texas 2015 - 84th Regular

Texas House Bill HB1640 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Farias, et al. (Senate Sponsor - Campbell) H.B. No. 1640
2		-	(In the Senate - Received from the House May 4, 2015;
3		-	May 5, 2015, read first time and referred to Committee on Veteran
4		-	Affairs and Military Installations; May 21, 2015, reported
5		-	favorably by the following vote: Yeas 5, Nays 0; May 21, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1640
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the compatibility of certain defense community
13	6		regulations and structures with military operations.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 397.005, Local Government Code, is
16	9		amended by adding Subsections (c), (d), and (e) to read as follows:
17	10		(c) A defense community that proposes to adopt or amend an
18	11		ordinance, rule, or plan that would be applicable in a controlled
19	12		compatible land use area as defined by Section 241.003 and that may
20	13		impact base operations shall notify the base or facility
21	14		authorities concerning the compatibility of the proposed
22	15		ordinance, rule, or plan with base operations. This subsection
23	16		applies only to a defense community that has not adopted airport
24	17		zoning regulations under Chapter 241 and that:
25	18		(1) is a county with a population of more than 1.5
26	19		million that contains a municipality in which at least 75 percent of
27	20		the county's population resides;
28	21		(2) is a county with a population of 130,000 or more
29	22		that is adjacent to a county described by Subdivision (1);
30	23		(3) is located in a county described by Subdivision
31	24		(1) or (2); or
32	25		(4) is or includes a municipality that is located in a
33	26		county with a population of more than 130,000 that borders the Red
34	27		River.
35	28		(d) A defense community described by Subsection (c) may
36	29		enter into a memorandum of agreement with the military base or
37	30		defense facility to establish a smaller area in the controlled
38	31		compatible land use area for which notification under Subsection
39	32		(c) would be required by the defense community.
40	33		(e) After providing notice under Subsection (c), the
41	34		defense community shall enter into a memorandum of agreement with
42	35		the military base or defense facility to establish provisions to
43	36		maintain the compatibility of the proposed ordinance, rule, or plan
44	37		with base operations.
45	38		SECTION 2. Section 397.006, Local Government Code, is
46	39		amended by amending Subsection (a) and adding Subsections (c),
47	40		(c-1), and (c-2) to read as follows:
48	41		(a) Subsection (b) [This section] applies only to a defense
49	42		community that includes a municipality with a population of more
50	43		than 110,000 located in a county with a population of less than
51	44		135,000 and that has not adopted airport zoning regulations under
52	45		Chapter 241.
53	46		(c) On receipt of an application for a permit as defined by
54	47		Section 245.001 for a proposed structure that would be located in a
55	48		controlled compatible land use area as defined by Section 241.003
56	49		and may impact base operations, a defense community shall notify
57	50		the base or facility authorities concerning the compatibility of
58	51		the proposed structure with base operations. This subsection
59	52		applies only to a defense community that has not adopted airport
60	53		zoning regulations under Chapter 241 and that:
61	54		(1) is a county with a population of more than 1.5
62	55		million that contains a municipality in which at least 75 percent of
63	56		the county's population resides;
64	57		(2) is a county with a population of 130,000 or more
65	58		that is adjacent to a county described by Subdivision (1);
66	59		(3) is located in a county described by Subdivision
67	60		(1) or (2); or
68	61		(4) is or includes a municipality that is located in a
69	62		county with a population of more than 130,000 that borders the Red
70	63		River.
71	64		(c-1) A defense community described by Subsection (c) may
72	65		enter into a memorandum of agreement with the military base or
73	66		defense facility to establish a smaller area in the controlled
74	67		compatible land use area for which notification under Subsection
75	68		(c) would be required by the defense community.
76	69		(c-2) After providing notice under Subsection (c), a
77	70		defense community shall enter into a memorandum of agreement with
78	71		the military base or defense facility to establish provisions to
79	72		maintain the compatibility of the proposed structure with base
80	73		operations.
81	74		SECTION 3. This Act takes effect September 1, 2015.
82		-	* * * * *
	75	+	______________________________ ______________________________
	76	+	President of the Senate Speaker of the House
	77	+	I certify that H.B. No. 1640 was passed by the House on April
	78	+	30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not
	79	+	voting.
	80	+	______________________________
	81	+	Chief Clerk of the House
	82	+	I certify that H.B. No. 1640 was passed by the Senate on May
	83	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	84	+	______________________________
	85	+	Secretary of the Senate
	86	+	APPROVED: _____________________
	87	+	Date
	88	+	_____________________
	89	+	Governor