Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB115 Compare Versions

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

Old	New	Differences
1	1	85S10899 TJB-F
2	2	By: Menéndez S.B. No. 115
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to granting certain local governments general zoning
8	8	authority around federal military installations; creating a
9	9	criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 7, Local Government Code, is
12	12	amended by adding Chapter 247 to read as follows:
13	13	CHAPTER 247. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND FEDERAL
14	14	MILITARY INSTALLATIONS
15	15	Sec. 247.001. 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) "Federal military installation" means a federally
35	35	owned or operated military installation or facility.
36	36	Sec. 247.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The
37	37	legislature finds that:
38	38	(1) the area that surrounds a federal military
39	39	installation will be frequented for military and national security
40	40	purposes by residents from many parts of the state and nation;
41	41	(2) a federal military installation is essential to
42	42	the economic viability of the surrounding local community, the
43	43	state, and the nation;
44	44	(3) orderly development and use of the area is of
45	45	concern to the entire state;
46	46	(4) without adequate regulations, the area will tend
47	47	to become congested and to be used in ways that interfere with the
48	48	proper use of the area as a secure location for the continuation of
49	49	a military establishment; and
50	50	(5) it is imperative for the local community to
51	51	protect the viability of current and future missions at a federal
52	52	military installation located in the community by ensuring
53	53	compatible land uses are developed within the area that surrounds
54	54	an installation.
55	55	(b) The powers granted under this chapter are for the
56	56	purposes of:
57	57	(1) promoting the public health, safety, peace,
58	58	morals, and general welfare;
59	59	(2) protecting and preserving places and areas of
60	60	military and national security importance and significance; and
61	61	(3) encouraging state and national security.
62	62	Sec. 247.003. AREAS SUBJECT TO REGULATION. This chapter
63	63	applies only to the area that extends not more than five miles from
64	64	the boundaries of a federal military installation.
65	65	Sec. 247.004. ZONING REGULATIONS GENERALLY. (a) The
66	66	governing bodies of a municipality and the county in a regulated
67	67	area through a joint military installation zoning board established
68	68	under Section 247.005 may regulate:
69	69	(1) the height, number of stories, and size of
70	70	buildings and other structures;
71	71	(2) the percentage of a lot that may be occupied;
72	72	(3) the size of yards, courts, and other open spaces;
73	73	(4) population density;
74	74	(5) the location and use of buildings, other
75	75	structures, and land for business, industrial, residential, or
76	76	other purposes; and
77	77	(6) the placement of water and sewage facilities,
78	78	landfills, parks, and other required public facilities.
79	79	(b) A regulation adopted under this chapter does not apply
80	80	to:
81	81	(1) a tract of land devoted to agricultural use; or
82	82	(2) a structure on a developed tract of land that
83	83	existed on December 1, 2017.
84	84	(c) The governing bodies of a municipality and the county in
85	85	the regulated area shall prepare a written takings impact
86	86	assessment in the manner provided by Section 2007.043, Government
87	87	Code, of a proposed regulation under this chapter.
88	88	Sec. 247.005. JOINT MILITARY INSTALLATION ZONING BOARD.
89	89	(a) To exercise the authority granted under this chapter, the
90	90	governing bodies of a municipality and the county in the regulated
91	91	area shall appoint a joint military installation zoning board to
92	92	assist in the implementation and enforcement of regulations adopted
93	93	under this chapter.
94	94	(b) The membership of the board is composed of:
95	95	(1) two members appointed by the county judge of the
96	96	county;
97	97	(2) two members appointed by the presiding officer of
98	98	the governing body of the municipality;
99	99	(3) one member who owns less than 500 acres of land in
100	100	the regulated area appointed jointly by the county judge of the
101	101	county and the presiding officer of the governing body of the
102	102	municipality;
103	103	(4) one member who owns at least 500 acres in the
104	104	regulated area appointed jointly by the county judge of the county
105	105	and the presiding officer of the governing body of the
106	106	municipality; and
107	107	(5) one member appointed jointly by the members
108	108	appointed under Subdivisions (1) through (4), who serves as the
109	109	presiding officer of the board.
110	110	(c) The board shall perform the duties assigned under this
111	111	chapter and other duties as requested by the governing bodies to
112	112	implement this chapter.
113	113	Sec. 247.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS
114	114	AND DISTRICT BOUNDARIES. (a) A regulation adopted under this
115	115	chapter is not effective until it is adopted by the governing bodies
116	116	of a municipality and the county in the regulated area after a joint
117	117	public hearing. Not later than the 15th day before the date of the
118	118	hearing, the governing bodies of the municipality and the county
119	119	must publish notice in English and in Spanish of the hearing in a
120	120	newspaper of general circulation in the county.
121	121	(b) The governing bodies of a municipality and the county in
122	122	the regulated area may prohibit or restrict development in the area
123	123	based on recommendations issued in a resolution adopted by the
124	124	joint military installation zoning board. The board's
125	125	recommendations must be based on the most recent Joint Land Use
126	126	Study and, if applicable, the most recent Air Installation
127	127	Compatible Use Zone Study. The board's recommendations may not be
128	128	inconsistent with the provisions of any memorandum of agreement
129	129	executed by the municipality or county and the federal military
130	130	installation under Section 397.005 or 397.006.
131	131	(c) The governing bodies of a municipality and the county in
132	132	the regulated area may amend regulations adopted under this
133	133	chapter:
134	134	(1) based on amended recommendations issued in a
135	135	resolution adopted by the joint military installation zoning board
136	136	as the study or studies, as applicable, are periodically updated;
137	137	and
138	138	(2) if each governing body makes findings that the
139	139	conclusions of the study or studies, as applicable, on which each
140	140	governing body is basing its findings accurately reflect
141	141	development circumstances in the subject area.
142	142	(d) The governing bodies of a municipality and the county in
143	143	the regulated area may adopt or amend a regulation only by an order
144	144	passed by a majority vote of the full membership of each governing
145	145	body.
146	146	Sec. 247.007. COMPLIANCE WITH STUDIES AND PLANS. A
147	147	proposed regulation under this chapter must be:
148	148	(1) adopted in accordance with the most recent Joint
149	149	Land Use Study and, if applicable, the most recent Air Installation
150	150	Compatible Use Zone Study for growth and development surrounding
151	151	the federal military installation;
152	152	(2) consistent with the provisions of any memorandum
153	153	of agreement executed by the municipality or county and the federal
154	154	military installation under Section 397.005 or 397.006;
155	155	(3) adopted in accordance with the county plan for
156	156	growth and development of the county; and
157	157	(4) coordinated with the comprehensive plan of the
158	158	municipality.
159	159	Sec. 247.008. DISTRICTS. (a) The joint military
160	160	installation zoning board may divide the area regulated under this
161	161	chapter into districts of a number, shape, and size the board
162	162	considers best for carrying out this chapter.
163	163	(b) Regulations adopted under this chapter may vary from
164	164	district to district.
165	165	Sec. 247.009. SPECIAL EXCEPTION. (a) A person aggrieved by
166	166	a regulation adopted under this chapter may petition the governing
167	167	bodies of a municipality and the county in the regulated area for a
168	168	special exception to the regulation. The grant of a special
169	169	exception requires a majority vote of the full membership of each
170	170	governing body.
171	171	(b) The governing bodies of a municipality and the county in
172	172	the regulated area shall adopt procedures governing applications,
173	173	notice, hearings, and other matters relating to the grant of a
174	174	special exception.
175	175	Sec. 247.010. ENFORCEMENT; PENALTY. (a) The governing
176	176	bodies of a municipality and the county in the regulated area shall
177	177	adopt ordinances, orders, or regulations, as applicable, to enforce
178	178	this chapter.
179	179	(b) A person commits an offense if the person violates this
180	180	chapter or an ordinance, order, or regulation adopted under this
181	181	chapter. An offense under this subsection is a misdemeanor
182	182	punishable by a fine of not less than $500 or more than $1,000. Each
183	183	day that a violation occurs constitutes a separate offense. Trial
184	184	shall be in the district court.
185	185	Sec. 247.011. COOPERATION AMONG LOCAL ENTITIES. The
186	186	governing bodies of a municipality and the county in the regulated
187	187	area and the joint military installation zoning board may enter
188	188	into an agreement to cooperate in the drafting, implementation, and
189	189	enforcement of regulations adopted under this chapter.
190	190	SECTION 2. This Act takes effect December 1, 2017.