85S10899 TJB-F
By: Menéndez S.B. No. 115
A BILL TO BE ENTITLED
AN ACT
relating to granting certain local governments general zoning
authority around federal military installations; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND FEDERAL
MILITARY INSTALLATIONS
Sec. 247.001. DEFINITIONS. In this chapter:
(1) "Agricultural use" means use or activity involving
agriculture.
(2) "Agriculture" means:
(A) cultivating the soil to produce crops for
human food, animal feed, seed for planting, or the production of
fibers;
(B) practicing floriculture, viticulture,
silviculture, or horticulture;
(C) raising, feeding, or keeping animals for
breeding purposes or for the production of food, fiber, leather,
pelts, or other tangible products having commercial value;
(D) planting cover crops, including cover crops
cultivated for transplantation, or leaving land idle for the
purpose of participating in a governmental program or normal crop
or livestock rotation procedure; or
(E) engaging in wildlife management, including
the management and control of hunting, fishing, bird-watching,
sightseeing, and other outdoor recreational activities.
(3) "Federal military installation" means a federally
owned or operated military installation or facility.
Sec. 247.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the area that surrounds a federal military
installation will be frequented for military and national security
purposes by residents from many parts of the state and nation;
(2) a federal military installation is essential to
the economic viability of the surrounding local community, the
state, and the nation;
(3) orderly development and use of the area is of
concern to the entire state;
(4) without adequate regulations, the area will tend
to become congested and to be used in ways that interfere with the
proper use of the area as a secure location for the continuation of
a military establishment; and
(5) it is imperative for the local community to
protect the viability of current and future missions at a federal
military installation located in the community by ensuring
compatible land uses are developed within the area that surrounds
an installation.
(b) The powers granted under this chapter are for the
purposes of:
(1) promoting the public health, safety, peace,
morals, and general welfare;
(2) protecting and preserving places and areas of
military and national security importance and significance; and
(3) encouraging state and national security.
Sec. 247.003. AREAS SUBJECT TO REGULATION. This chapter
applies only to the area that extends not more than five miles from
the boundaries of a federal military installation.
Sec. 247.004. ZONING REGULATIONS GENERALLY. (a) The
governing bodies of a municipality and the county in a regulated
area through a joint military installation zoning board established
under Section 247.005 may regulate:
(1) the height, number of stories, and size of
buildings and other structures;
(2) the percentage of a lot that may be occupied;
(3) the size of yards, courts, and other open spaces;
(4) population density;
(5) the location and use of buildings, other
structures, and land for business, industrial, residential, or
other purposes; and
(6) the placement of water and sewage facilities,
landfills, parks, and other required public facilities.
(b) A regulation adopted under this chapter does not apply
to:
(1) a tract of land devoted to agricultural use; or
(2) a structure on a developed tract of land that
existed on December 1, 2017.
(c) The governing bodies of a municipality and the county in
the regulated area shall prepare a written takings impact
assessment in the manner provided by Section 2007.043, Government
Code, of a proposed regulation under this chapter.
Sec. 247.005. JOINT MILITARY INSTALLATION ZONING BOARD.
(a) To exercise the authority granted under this chapter, the
governing bodies of a municipality and the county in the regulated
area shall appoint a joint military installation zoning board to
assist in the implementation and enforcement of regulations adopted
under this chapter.
(b) The membership of the board is composed of:
(1) two members appointed by the county judge of the
county;
(2) two members appointed by the presiding officer of
the governing body of the municipality;
(3) one member who owns less than 500 acres of land in
the regulated area appointed jointly by the county judge of the
county and the presiding officer of the governing body of the
municipality;
(4) one member who owns at least 500 acres in the
regulated area appointed jointly by the county judge of the county
and the presiding officer of the governing body of the
municipality; and
(5) one member appointed jointly by the members
appointed under Subdivisions (1) through (4), who serves as the
presiding officer of the board.
(c) The board shall perform the duties assigned under this
chapter and other duties as requested by the governing bodies to
implement this chapter.
Sec. 247.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
AND DISTRICT BOUNDARIES. (a) A regulation adopted under this
chapter is not effective until it is adopted by the governing bodies
of a municipality and the county in the regulated area after a joint
public hearing. Not later than the 15th day before the date of the
hearing, the governing bodies of the municipality and the county
must publish notice in English and in Spanish of the hearing in a
newspaper of general circulation in the county.
(b) The governing bodies of a municipality and the county in
the regulated area may prohibit or restrict development in the area
based on recommendations issued in a resolution adopted by the
joint military installation zoning board. The board's
recommendations must be based on the most recent Joint Land Use
Study and, if applicable, the most recent Air Installation
Compatible Use Zone Study. The board's recommendations may not be
inconsistent with the provisions of any memorandum of agreement
executed by the municipality or county and the federal military
installation under Section 397.005 or 397.006.
(c) The governing bodies of a municipality and the county in
the regulated area may amend regulations adopted under this
chapter:
(1) based on amended recommendations issued in a
resolution adopted by the joint military installation zoning board
as the study or studies, as applicable, are periodically updated;
and
(2) if each governing body makes findings that the
conclusions of the study or studies, as applicable, on which each
governing body is basing its findings accurately reflect
development circumstances in the subject area.
(d) The governing bodies of a municipality and the county in
the regulated area may adopt or amend a regulation only by an order
passed by a majority vote of the full membership of each governing
body.
Sec. 247.007. COMPLIANCE WITH STUDIES AND PLANS. A
proposed regulation under this chapter must be:
(1) adopted in accordance with the most recent Joint
Land Use Study and, if applicable, the most recent Air Installation
Compatible Use Zone Study for growth and development surrounding
the federal military installation;
(2) consistent with the provisions of any memorandum
of agreement executed by the municipality or county and the federal
military installation under Section 397.005 or 397.006;
(3) adopted in accordance with the county plan for
growth and development of the county; and
(4) coordinated with the comprehensive plan of the
municipality.
Sec. 247.008. DISTRICTS. (a) The joint military
installation zoning board may divide the area regulated under this
chapter into districts of a number, shape, and size the board
considers best for carrying out this chapter.
(b) Regulations adopted under this chapter may vary from
district to district.
Sec. 247.009. SPECIAL EXCEPTION. (a) A person aggrieved by
a regulation adopted under this chapter may petition the governing
bodies of a municipality and the county in the regulated area for a
special exception to the regulation. The grant of a special
exception requires a majority vote of the full membership of each
governing body.
(b) The governing bodies of a municipality and the county in
the regulated area shall adopt procedures governing applications,
notice, hearings, and other matters relating to the grant of a
special exception.
Sec. 247.010. ENFORCEMENT; PENALTY. (a) The governing
bodies of a municipality and the county in the regulated area shall
adopt ordinances, orders, or regulations, as applicable, to enforce
this chapter.
(b) A person commits an offense if the person violates this
chapter or an ordinance, order, or regulation adopted under this
chapter. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $500 or more than $1,000. Each
day that a violation occurs constitutes a separate offense. Trial
shall be in the district court.
Sec. 247.011. COOPERATION AMONG LOCAL ENTITIES. The
governing bodies of a municipality and the county in the regulated
area and the joint military installation zoning board may enter
into an agreement to cooperate in the drafting, implementation, and
enforcement of regulations adopted under this chapter.
SECTION 2. This Act takes effect December 1, 2017.