88R12316 SCL-F
By: Troxclair H.B. No. 3995
A BILL TO BE ENTITLED
AN ACT
relating to the regulatory authority of certain counties to protect
the operations of military installations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 231, Local Government Code, is amended
by adding Subchapter N to read as follows:
SUBCHAPTER N. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES WITH
WATERSHEDS THAT INCLUDE MILITARY INSTALLATIONS
Sec. 231.301. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) the ability of the military to train and prepare
for future military operations at Joint Base San Antonio-Camp
Bullis is of vital concern to the entire state;
(2) the economy of the entire state is affected by the
ability of the military to train and prepare for future military
operations at Joint Base San Antonio-Camp Bullis;
(3) the orderly development of the unincorporated
areas of a county located in the watershed of Joint Base San
Antonio-Camp Bullis will protect the ability of the installation to
operate as a military installation; and
(4) without adequate county development regulations,
the unincorporated areas will be developed in ways that endanger
and interfere with the ability of Joint Base San Antonio-Camp
Bullis to operate as a military installation.
Sec. 231.302. LAND DEVELOPMENT REGULATIONS IN
UNINCORPORATED AREA. The commissioners court of a county that has
unincorporated area located in the watershed of Joint Base San
Antonio-Camp Bullis by order may adopt for that area:
(1) lot size restrictions and well spacing
requirements consistent with:
(A) requirements of a groundwater conservation
district that are applicable to the area; or
(B) best management practices to mitigate
flooding and stormwater impacts and preserve water quality;
(2) a requirement that:
(A) the primary supplier of water to a proposed
subdivision be contractually obligated to provide a sufficient
supply of water for a period of at least 50 years; and
(B) a secondary supplier of water be
contractually obligated to adequately serve the residents of the
subdivision during normal and drought conditions to prevent the
depletion of water supplies to military installations;
(3) reasonable design standards for roadways to employ
best management practices for managing flood waters and protecting
public safety and operations at the military installation;
(4) requirements for a minimum amount of open space or
a limitation on the amount of impervious cover for recharge and
runoff purposes;
(5) requirements for local floodplain zones or other
measures to preserve floodways and riparian corridors to minimize
conflicts between incompatible land uses within the watersheds that
jeopardize military operations; and
(6) other regulations necessary to regulate and manage
land development if deemed critical to military operations.
Sec. 231.303. SPECIAL EXCEPTION. (a) A person aggrieved by
a development regulation adopted under this subchapter may appeal
to the commissioners court of the county that adopted the
regulation for a special exception.
(b) A person appealing under Subsection (a) must comply with
applicable procedural requirements prescribed by the county before
the county may grant a special exception.
(c) The commissioners court of each county that adopts
development regulations under this subchapter shall adopt
procedures governing special exception applications, notice,
hearings, and other requirements.
Sec. 231.304. COOPERATION WITH OTHER POLITICAL
SUBDIVISIONS. The commissioners court of a county authorized to
adopt development regulations under this subchapter may enter into
an agreement with a municipality or other governmental entity
located in the county to assist in the implementation and
enforcement of the regulations.
Sec. 231.305. LOT SIZE RESTRICTIONS IN CERTAIN AREAS. A
county must adopt and impose a lot size restriction under this
subchapter in accordance with any desired future conditions adopted
under Chapter 36, Water Code, by a groundwater conservation
district in which the subdivision is wholly or partly located for an
area:
(1) designed as a priority groundwater management
area; and
(2) that is served by a public water supply system that
uses water from the Trinity Aquifer.
SECTION 2. This Act takes effect September 1, 2023.