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House Bill 2919 |
House Author: King, Susan et al. |
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Effective: 6-19-09 |
Senate Sponsor: Fraser |
House Bill 2919 amends the Local Government Code to authorize certain defense communities to establish and fund a regional military sustainability commission to regulate development in the area that surrounds a military installation. Before the establishment of a regional military sustainability commission, each participating governmental entity must hold two public hearings to consider the creation of the proposed commission. The bill requires such a commission to recommend compatible development standards for the commission's territory, subject to approval by a majority vote of each participating governmental entity. The bill requires the governing body of the participating governmental entity, on receipt of an application for a permit for a new project in the territory, to review the application and request a report from the commission regarding the proposed project's compatibility with the military installation's mission and related operations. The bill requires the commission to establish an advisory committee, composed of members representing both the military installation and landowners within commission territory, and to consult with that committee in its review of an application. The bill authorizes the reviewing governmental entity to disapprove the permit application based on recommendation of the commission and a landowner to appeal of all or part of the report or permit application decision to a district court, which may reverse or modify the report or permit application. The bill authorizes the commission to apply for, contract for, receive, and expend for its purposes a grant or funds from any source, and it authorizes a participating governmental entity to appropriate funds to the commission. The bill provides for the withdrawal of a participating governmental entity from a regional military sustainability commission and for the continuance of a commission and its development standards in the event of closure of the military installation the surrounding area of which is regulated by the commission. The bill applies the above provisions to a defense community constituted by a county with unincorporated area located within five miles of the boundary line of a military installation and a municipality of 1.1 million or more with extraterritorial jurisdiction located within five miles of an installation's boundary line, with certain exceptions, as well as to a defense community constituted by a county with a population of 60,000 or less and a municipality within that county, and sets out territory limitations for each.
House Bill 2919 also amends Local Government Code provisions relating to consultation with defense base authorities for a defense community that includes a municipality with a population of more than 110,000 located in a county with a population of less than 135,000 and that has not adopted airport zoning regulations under the Airport Zoning Act. The bill requires such a defense community that proposes to adopt or amend an ordinance, rule, or plan or that receives an application for a local permit for a proposed structure in an area located within eight miles of the boundary line of a defense base, or the military exercise or training activities connected to the base, to seek comments and analysis from the defense base authorities concerning the compatibility of the proposed ordinance, rule, plan, or structure with base operations. The bill requires the defense community to consider and analyze any comments and analysis received from the defense base authorities before making a final determination relating to the proposed ordinance, rule, or plan, or the approval of the permit for the proposed structure.