85R10393 TJB-F
By: Goldman H.B. No. 3701
A BILL TO BE ENTITLED
AN ACT
relating to the notification requirements regarding certain
proposed regulations and structures in an area near a military
facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 397.005(b), Local Government Code, is
amended to read as follows:
(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 that would be applicable 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. The defense community may enter into a memorandum
of agreement with the military base or defense facility to
establish a smaller area for which notification is required under
this subsection. After providing notice required by this
subsection, 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 to read as follows:
Sec. 397.006. CONSULTATION WITH OR NOTIFICATION TO MILITARY
BASE OR DEFENSE FACILITY AUTHORITIES: PROPOSED STRUCTURE.
(a) This section [Subsection (b)] 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.
(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, the defense community reviewing the application
shall notify the base or facility authorities concerning the
compatibility of the proposed structure with base operations.
(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 is [under
Subsection (c) would be] required under Subsection (b) [by the
defense community].
(d) [(c-2)] After providing notice under Subsection (b)
[(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.
(e) [(d)] This section does not apply if a defense community
is required to take immediate action on an application to protect
the public health, safety, or welfare of residents of the defense
community.
SECTION 3. Sections 397.005(c), (d), and (e), Local
Government Code, are repealed.
SECTION 4. (a) Sections 397.005 and 397.006, Local
Government Code, as amended by this Act, apply only to an ordinance,
rule, or plan proposed to be adopted or amended or an application
for a permit for a proposed structure received on or after the
effective date of this Act.
(b) An ordinance, rule, or plan proposed to be adopted or
amended or an application for a permit for a proposed structure
received before the effective date of this Act is governed by the
law on the date the ordinance, rule, or plan was proposed to be
adopted or amended or the permit application was received, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.