Texas 2023 - 88th Regular

Texas House Bill HB3995 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12316 SCL-F
2	2	By: Troxclair H.B. No. 3995
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulatory authority of certain counties to protect
8	8	the operations of military installations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 231, Local Government Code, is amended
11	11	by adding Subchapter N to read as follows:
12	12	SUBCHAPTER N. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES WITH
13	13	WATERSHEDS THAT INCLUDE MILITARY INSTALLATIONS
14	14	Sec. 231.301. LEGISLATIVE FINDINGS. The legislature finds
15	15	that:
16	16	(1) the ability of the military to train and prepare
17	17	for future military operations at Joint Base San Antonio-Camp
18	18	Bullis is of vital concern to the entire state;
19	19	(2) the economy of the entire state is affected by the
20	20	ability of the military to train and prepare for future military
21	21	operations at Joint Base San Antonio-Camp Bullis;
22	22	(3) the orderly development of the unincorporated
23	23	areas of a county located in the watershed of Joint Base San
24	24	Antonio-Camp Bullis will protect the ability of the installation to
25	25	operate as a military installation; and
26	26	(4) without adequate county development regulations,
27	27	the unincorporated areas will be developed in ways that endanger
28	28	and interfere with the ability of Joint Base San Antonio-Camp
29	29	Bullis to operate as a military installation.
30	30	Sec. 231.302. LAND DEVELOPMENT REGULATIONS IN
31	31	UNINCORPORATED AREA. The commissioners court of a county that has
32	32	unincorporated area located in the watershed of Joint Base San
33	33	Antonio-Camp Bullis by order may adopt for that area:
34	34	(1) lot size restrictions and well spacing
35	35	requirements consistent with:
36	36	(A) requirements of a groundwater conservation
37	37	district that are applicable to the area; or
38	38	(B) best management practices to mitigate
39	39	flooding and stormwater impacts and preserve water quality;
40	40	(2) a requirement that:
41	41	(A) the primary supplier of water to a proposed
42	42	subdivision be contractually obligated to provide a sufficient
43	43	supply of water for a period of at least 50 years; and
44	44	(B) a secondary supplier of water be
45	45	contractually obligated to adequately serve the residents of the
46	46	subdivision during normal and drought conditions to prevent the
47	47	depletion of water supplies to military installations;
48	48	(3) reasonable design standards for roadways to employ
49	49	best management practices for managing flood waters and protecting
50	50	public safety and operations at the military installation;
51	51	(4) requirements for a minimum amount of open space or
52	52	a limitation on the amount of impervious cover for recharge and
53	53	runoff purposes;
54	54	(5) requirements for local floodplain zones or other
55	55	measures to preserve floodways and riparian corridors to minimize
56	56	conflicts between incompatible land uses within the watersheds that
57	57	jeopardize military operations; and
58	58	(6) other regulations necessary to regulate and manage
59	59	land development if deemed critical to military operations.
60	60	Sec. 231.303. SPECIAL EXCEPTION. (a) A person aggrieved by
61	61	a development regulation adopted under this subchapter may appeal
62	62	to the commissioners court of the county that adopted the
63	63	regulation for a special exception.
64	64	(b) A person appealing under Subsection (a) must comply with
65	65	applicable procedural requirements prescribed by the county before
66	66	the county may grant a special exception.
67	67	(c) The commissioners court of each county that adopts
68	68	development regulations under this subchapter shall adopt
69	69	procedures governing special exception applications, notice,
70	70	hearings, and other requirements.
71	71	Sec. 231.304. COOPERATION WITH OTHER POLITICAL
72	72	SUBDIVISIONS. The commissioners court of a county authorized to
73	73	adopt development regulations under this subchapter may enter into
74	74	an agreement with a municipality or other governmental entity
75	75	located in the county to assist in the implementation and
76	76	enforcement of the regulations.
77	77	Sec. 231.305. LOT SIZE RESTRICTIONS IN CERTAIN AREAS. A
78	78	county must adopt and impose a lot size restriction under this
79	79	subchapter in accordance with any desired future conditions adopted
80	80	under Chapter 36, Water Code, by a groundwater conservation
81	81	district in which the subdivision is wholly or partly located for an
82	82	area:
83	83	(1) designed as a priority groundwater management
84	84	area; and
85	85	(2) that is served by a public water supply system that
86	86	uses water from the Trinity Aquifer.
87	87	SECTION 2. This Act takes effect September 1, 2023.