Texas 2017 - 85th Regular

Texas House Bill HB3701 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R10393 TJB-F
2		-	By: Goldman~~, Gutierrez~~ H.B. No. 3701
	2	+	By: Goldman H.B. No. 3701
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the notification requirements regarding certain
8	8		proposed regulations and structures in an area near a military
9	9		facility.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. Section 397.005(b), Local Government Code, is
12	12		amended to read as follows:
13	13		(b) This subsection applies only to a defense community that
14	14		[includes a municipality with a population of more than 110,000
15	15		located in a county with a population of less than 135,000 and that]
16	16		has not adopted airport zoning regulations under Chapter 241. A
17	17		defense community that proposes to adopt or amend an ordinance,
18	18		rule, or plan that would be applicable in an area located within
19	19		eight miles of the boundary line of a military base or defense
20	20		facility shall notify the base or facility authorities concerning
21	21		the compatibility of the proposed ordinance, rule, or plan with
22	22		base operations. The defense community may enter into a memorandum
23	23		of agreement with the military base or defense facility to
24	24		establish a smaller area for which notification is required under
25	25		this subsection. After providing notice required by this
26	26		subsection, the defense community shall enter into a memorandum of
27	27		agreement with the military base or defense facility to establish
28	28		provisions to maintain the compatibility of the proposed ordinance,
29	29		rule, or plan with base operations.
30	30		SECTION 2. Section 397.006, Local Government Code, is
31	31		amended to read as follows:
32	32		Sec. 397.006. CONSULTATION WITH OR NOTIFICATION TO MILITARY
33	33		BASE OR DEFENSE FACILITY AUTHORITIES: PROPOSED STRUCTURE.
34	34		(a) This section [Subsection (b)] applies only to a defense
35	35		community that [includes a municipality with a population of more
36	36		than 110,000 located in a county with a population of less than
37	37		135,000 and that] has not adopted airport zoning regulations under
38	38		Chapter 241.
39	39		(b) On receipt of an application for a permit as described
40	40		by Section 245.001 for a proposed structure in an area located
41	41		within eight miles of the boundary line of a military base or
42	42		defense facility, the defense community reviewing the application
43	43		shall notify the base or facility authorities concerning the
44	44		compatibility of the proposed structure with base operations.
45	45		(c) [On receipt of an application for a permit as defined by
46	46		Section 245.001 for a proposed structure that would be located in a
47	47		controlled compatible land use area as defined by Section 241.003
48	48		and may impact base operations, a defense community shall notify
49	49		the base or facility authorities concerning the compatibility of
50	50		the proposed structure with base operations. This subsection
51	51		applies only to a defense community that has not adopted airport
52	52		zoning regulations under Chapter 241 and that:
53	53		[(1) is a county with a population of more than 1.5
54	54		million that contains a municipality in which at least 75 percent of
55	55		the county's population resides;
56	56		[(2) is a county with a population of 130,000 or more
57	57		that is adjacent to a county described by Subdivision (1);
58	58		[(3) is located in a county described by Subdivision
59	59		(1) or (2); or
60	60		[(4) is or includes a municipality that is located in a
61	61		county with a population of more than 130,000 that borders the Red
62	62		River.
63	63		[(c-1)] A defense community [described by Subsection (c)] may
64	64		enter into a memorandum of agreement with the military base or
65	65		defense facility to establish a smaller area [in the controlled
66	66		compatible land use area] for which notification is [under
67	67		Subsection (c) would be] required under Subsection (b) [by the
68	68		defense community].
69	69		(d) [(c-2)] After providing notice under Subsection (b)
70	70		[(c)], a defense community shall enter into a memorandum of
71	71		agreement with the military base or defense facility to establish
72	72		provisions to maintain the compatibility of the proposed structure
73	73		with base operations.
74	74		(e) [(d)] This section does not apply if a defense community
75	75		is required to take immediate action on an application to protect
76	76		the public health, safety, or welfare of residents of the defense
77	77		community.
78	78		SECTION 3. Sections 397.005(c), (d), and (e), Local
79	79		Government Code, are repealed.
80	80		SECTION 4. (a) Sections 397.005 and 397.006, Local
81	81		Government Code, as amended by this Act, apply only to an ordinance,
82	82		rule, or plan proposed to be adopted or amended or an application
83	83		for a permit for a proposed structure received on or after the
84	84		effective date of this Act.
85	85		(b) An ordinance, rule, or plan proposed to be adopted or
86	86		amended or an application for a permit for a proposed structure
87	87		received before the effective date of this Act is governed by the
88	88		law on the date the ordinance, rule, or plan was proposed to be
89	89		adopted or amended or the permit application was received, and the
90	90		former law is continued in effect for that purpose.
91	91		SECTION 5. This Act takes effect September 1, 2017.