Texas 2017 - 85th Regular

Texas House Bill HB1105 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6539 SCL-F
2	2	By: Miller H.B. No. 1105
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to granting certain municipalities authority to adopt
8	8	development regulations around certain military facilities;
9	9	creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 7, Local Government Code, is
12	12	amended by adding Chapter 218 to read as follows:
13	13	CHAPTER 218. MUNICIPAL DEVELOPMENT REGULATIONS AROUND MILITARY
14	14	AVIATION FACILITY
15	15	Sec. 218.001. DEFINITIONS. In this chapter:
16	16	(1) "Agricultural use" means use or activity involving
17	17	agriculture.
18	18	(2) "Agriculture" means:
19	19	(A) cultivating the soil to produce crops for
20	20	human food, animal feed, seed for planting, or the production of
21	21	fibers;
22	22	(B) practicing floriculture, viticulture,
23	23	silviculture, or horticulture;
24	24	(C) raising, feeding, or keeping animals for
25	25	breeding purposes or for the production of food, fiber, leather,
26	26	pelts, or other tangible products having commercial value;
27	27	(D) planting cover crops, including cover crops
28	28	cultivated for transplantation, or leaving land idle for the
29	29	purpose of participating in a governmental program or normal crop
30	30	or livestock rotation procedure; or
31	31	(E) engaging in wildlife management, including
32	32	the management and control of hunting, fishing, bird-watching,
33	33	sightseeing, and other outdoor recreational activities.
34	34	(3) "Centerline" has the meaning assigned by Section
35	35	241.003.
36	36	(4) "Military aviation facility" means a base or
37	37	station of:
38	38	(A) the United States Air Force under the command
39	39	of the Air Education and Training Command;
40	40	(B) the United States Army or Navy or the Texas
41	41	National Guard at which aviation operations or training is
42	42	conducted; or
43	43	(C) a municipal airport in which military flight
44	44	training occurs.
45	45	Sec. 218.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The
46	46	legislature finds that:
47	47	(1) the area that surrounds a military aviation
48	48	facility will be frequented for military and national security
49	49	purposes by residents from many parts of the state and nation;
50	50	(2) a military aviation facility is essential to the
51	51	economic viability of the surrounding local community, the state,
52	52	and the nation;
53	53	(3) orderly development and use of the area is of
54	54	concern to the entire state;
55	55	(4) without adequate development regulations, the
56	56	area will tend to become congested and to be used in ways that
57	57	interfere with the proper use of the area as a safe and secure
58	58	location for the continuation of military operations;
59	59	(5) a structure or electronic emission that is an
60	60	interference negatively impacts the visual, radar, radio,
61	61	navigation, or other systems for tracking, acquiring data relating
62	62	to, monitoring, or controlling aircraft, tending to diminish safety
63	63	of flight operations and destroy or impair the utility of a military
64	64	aviation facility and the public investment in the facility; and
65	65	(6) it is imperative for the state and local
66	66	communities to protect the viability of current and future missions
67	67	at a military aviation facility by ensuring compatible land uses
68	68	are developed and no interference with flight operations is created
69	69	within the regulated area.
70	70	(b) The powers granted under this chapter are for the
71	71	purposes of:
72	72	(1) promoting the public health, safety, peace,
73	73	morals, and general welfare;
74	74	(2) protecting and preserving places and areas of
75	75	military and national security importance and significance; and
76	76	(3) encouraging state and national security.
77	77	Sec. 218.003. AREAS SUBJECT TO REGULATION. This chapter
78	78	applies only to an area that is located outside a military aviation
79	79	facility's boundaries and:
80	80	(1) that extends not more than one and one-half
81	81	nautical miles from the centerline and not more than five nautical
82	82	miles from each end of the paved surface of the primary landing
83	83	strip at a military aviation facility; and
84	84	(2) that extends not more than 25 nautical miles from a
85	85	federally owned and operated radar system on a military aviation
86	86	facility.
87	87	Sec. 218.004. DEVELOPMENT REGULATIONS GENERALLY. (a) The
88	88	governing bodies of each municipality in an area described by
89	89	Section 218.003 through an air base area development board
90	90	established under Section 218.005 may regulate:
91	91	(1) in an area described by Section 218.003(1):
92	92	(A) the height, number of stories, and size of
93	93	buildings and other structures;
94	94	(B) the percentage of a lot that may be occupied;
95	95	(C) the size of yards, courts, and other open
96	96	spaces;
97	97	(D) population density;
98	98	(E) the location and use of buildings, other
99	99	structures, and land for business, industrial, residential, or
100	100	other purposes; and
101	101	(F) the placement of water and sewage facilities,
102	102	landfills, parks, retention ponds, and other required public
103	103	facilities that may be bird attractants; and
104	104	(2) in an area described by Section 218.003(2), the
105	105	placement of wind turbines.
106	106	(b) A development regulation adopted under this chapter may
107	107	not apply to a structure that existed on September 1, 2017, or a
108	108	structure owned by a utility as defined by Section 232.021. A
109	109	regulation adopted under Subsection (a)(1)(C) may not apply to a
110	110	tract of land devoted to agricultural use.
111	111	(c) A development regulation adopted under this chapter
112	112	must be consistent with and is subject to federal law, including
113	113	federal statutes, regulations, and orders relating to the placement
114	114	of a personal wireless service facility.
115	115	Sec. 218.005. AIR BASE AREA DEVELOPMENT BOARD. (a) To
116	116	exercise the authority granted under this chapter, the governing
117	117	bodies of each municipality in the regulated area shall appoint an
118	118	air base area development board to assist in the implementation and
119	119	enforcement of development regulations adopted under this chapter.
120	120	(b) An air base area development board is composed of:
121	121	(1) two members appointed by the presiding officer of
122	122	the governing body of each municipality in the regulated area;
123	123	(2) one member who owns less than 500 acres of land in
124	124	the regulated area appointed jointly by the presiding officer of
125	125	the governing body of each municipality in the regulated area;
126	126	(3) one member who owns at least 500 acres in the
127	127	regulated area appointed jointly by the presiding officer of the
128	128	governing body of each municipality in the regulated area; and
129	129	(4) one member appointed jointly by the members
130	130	appointed under Subdivisions (1) through (3), who serves as the
131	131	presiding officer of the board.
132	132	(c) An air base area development board shall perform the
133	133	duties assigned under this chapter and other duties as requested by
134	134	the governing bodies to implement this chapter.
135	135	Sec. 218.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
136	136	AND DISTRICT BOUNDARIES. (a) A development regulation adopted
137	137	under this chapter is not effective until it is adopted by the
138	138	governing bodies of each municipality in the regulated area after a
139	139	joint public hearing. Before the 15th day before the date of the
140	140	hearing, the governing bodies of each municipality must publish
141	141	notice in English and in Spanish of the hearing in a newspaper of
142	142	general circulation in the county in which the municipality is
143	143	located.
144	144	(b) The governing bodies of each municipality in the
145	145	regulated area may prohibit or restrict development in the area
146	146	based on recommendations issued in a resolution adopted by the air
147	147	base area development board. The board's recommendations must be
148	148	based on the most recent Air Installation Compatible Use Zone
149	149	Study, the most recent Joint Land Use Study, and other available and
150	150	relevant military planning data and studies. The governing bodies
151	151	of each municipality may amend regulations adopted under this
152	152	chapter:
153	153	(1) based on amended recommendations issued in a
154	154	resolution adopted by the air base area development board as the
155	155	studies are periodically updated; and
156	156	(2) if each governing body makes findings that the
157	157	conclusions of the studies on which each governing body is basing
158	158	its findings accurately reflect development circumstances in the
159	159	subject area.
160	160	(c) The governing bodies of each municipality in the
161	161	regulated area may adopt or amend a development regulation only by
162	162	an ordinance passed by a majority vote of the full membership of
163	163	each governing body.
164	164	Sec. 218.007. COMPLIANCE WITH STUDIES AND PLANS.
165	165	Development regulations must be:
166	166	(1) adopted in accordance with the most recent Air
167	167	Installation Compatible Use Zone Study, the most recent Joint Land
168	168	Use Study, and other available and relevant military planning data
169	169	and studies for growth and development surrounding a military
170	170	aviation facility; and
171	171	(2) coordinated with the comprehensive plans of each
172	172	municipality in the regulated area.
173	173	Sec. 218.008. DISTRICTS. (a) An air base area development
174	174	board may divide the area regulated under this chapter into
175	175	districts of a number, shape, and size the board considers best for
176	176	carrying out this chapter.
177	177	(b) Development regulations may vary from district to
178	178	district.
179	179	Sec. 218.009. SPECIAL EXCEPTION. (a) A person aggrieved by
180	180	a development regulation adopted under this chapter may petition
181	181	the governing bodies of each municipality in the regulated area for
182	182	a special exception to the development regulation. The grant of a
183	183	special exception requires a majority vote of the full membership
184	184	of each governing body.
185	185	(b) The governing bodies of each municipality in the
186	186	regulated area shall adopt procedures governing applications,
187	187	notice, hearings, and other matters relating to the grant of a
188	188	special exception.
189	189	(c) On receipt of a petition for a special exception to a
190	190	development regulation under Subsection (a), the governing bodies
191	191	of each municipality in the regulated area shall notify the
192	192	affected military aviation facility of the petition.
193	193	Sec. 218.010. ENFORCEMENT; PENALTY. (a) The governing
194	194	body of each municipality in the regulated area by ordinance shall
195	195	enforce development regulations adopted by the municipality under
196	196	this chapter.
197	197	(b) A person commits an offense if the person violates a
198	198	development regulation ordinance adopted under this chapter. An
199	199	offense under this subsection is a misdemeanor punishable by a fine
200	200	of not less than $500 or more than $1,000. Each day that a violation
201	201	occurs constitutes a separate offense.
202	202	Sec. 218.011. COOPERATION AMONG LOCAL ENTITIES. The
203	203	governing bodies of the municipalities in the regulated area and an
204	204	air base area development board may enter into an agreement to
205	205	cooperate in the drafting, implementation, and enforcement of
206	206	development regulations adopted under this chapter.
207	207	SECTION 2. This Act takes effect September 1, 2017.