|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to granting certain counties general zoning authority |
|
around certain military facilities; providing a penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 231, Local Government Code, is amended |
|
by adding Subchapter L to read as follows: |
|
SUBCHAPTER L. PROTECTION OF LAUGHLIN AIR FORCE BASE |
|
Sec. 231.241. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
|
legislature finds that: |
|
(1) the area that surrounds Laughlin Air Force Base |
|
will be frequented for military and national security purposes by |
|
residents from many parts of the state and nation; |
|
(2) orderly development and use of the area is of |
|
concern to the entire state; and |
|
(3) without adequate protection 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. |
|
(b) The powers granted under this subchapter are for the |
|
purpose 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. 231.242. AREAS SUBJECT TO REGULATION. This subchapter |
|
applies only to the unincorporated area of Val Verde County that is |
|
located: |
|
(1) within three miles of any point on the centerline |
|
of the main runway of the airport located at Laughlin Air Force |
|
Base; or |
|
(2) within five miles of any point on either end of |
|
that main runway. |
|
Sec. 231.243. PROTECTION REGULATIONS GENERALLY. (a) The |
|
Commissioners Court of Val Verde County may regulate: |
|
(1) the size of buildings; |
|
(2) the location, design, construction, extension, |
|
and size of streets and roads; |
|
(3) the location, design, construction, extension, |
|
size, and installation of water and wastewater facilities, |
|
including the requirements for connecting to a centralized water or |
|
wastewater system; |
|
(4) the location, design, construction, extension, |
|
size, and installation of drainage facilities and other required |
|
public facilities; |
|
(5) the location, design, and construction of parks, |
|
playgrounds, and recreational areas; and |
|
(6) the abatement of harm resulting from inadequate |
|
water or wastewater facilities. |
|
(b) The Commissioners Court of Val Verde County may adopt |
|
protection regulations authorized by Subsection (a) in an area of |
|
the unincorporated county based on recommendations of the Air |
|
Installation Compatible Use Zone Study of April 2000 and as that |
|
study is periodically updated if the commissioners court makes |
|
findings that the conclusions of the study on which the |
|
commissioners court is basing its findings accurately reflects |
|
development circumstances in the subject area. |
|
Sec. 231.244. COMPLIANCE WITH COUNTY PLAN. The county |
|
shall: |
|
(1) adopt protection regulations in accordance with a |
|
county plan for growth and development of the county; and |
|
(2) inform municipalities located in the county |
|
regarding the adoption of the regulations. |
|
Sec. 231.245. PROCEDURE GOVERNING ADOPTION OF REGULATIONS. |
|
(a) A protection regulation adopted under this subchapter is not |
|
effective until it is adopted by the commissioners court after a |
|
public hearing. Before the 15th day before the date of the hearing, |
|
the commissioners court must publish notice of the hearing in a |
|
newspaper of general circulation in the county. |
|
(b) The commissioners court may establish or amend a |
|
protection regulation only by an order passed by a majority vote of |
|
the full membership of the court. |
|
Sec. 231.246. PROTECTION COMMISSION. (a) The |
|
commissioners court shall establish a protection commission to |
|
assist in the implementation and enforcement of protection |
|
regulations adopted under this subchapter. |
|
(b) The protection commission is composed of the following |
|
seven members: |
|
(1) an ex officio chairperson appointed by the |
|
commissioners court who must be a public official in Val Verde |
|
County; |
|
(2) five members, with one member appointed by each |
|
person serving on the commissioners court; and |
|
(3) one member appointed by the commissioners court |
|
who represents parties whose property interests are impacted by the |
|
regulatory authority granted under this subchapter. |
|
(c) The chairperson appointed under this section serves a |
|
two-year term of office. The other members serve four-year terms. |
|
Of the initial appointments of the six other members, the |
|
commissioners court shall designate the members for staggered terms |
|
so that one initial member serves a term of one year, one initial |
|
member serves a term of two years, two initial members serve terms |
|
of three years, and two initial members serve terms of four years. |
|
In the event of resignation, end of term, or a vacancy, the entity |
|
that appointed the previous member shall appoint a new member. |
|
(d) The protection commission is advisory only and may |
|
recommend appropriate protection regulations for the county. |
|
(e) The members of the protection commission are subject to |
|
the same requirements relating to conflicts of interest that are |
|
applicable to the commissioners court under Chapter 171. |
|
Sec. 231.247. SPECIAL EXCEPTION. (a) A person aggrieved by |
|
a protection regulation adopted under this subchapter may petition |
|
the commissioners court for a special exception to a protection |
|
regulation adopted by the commissioners court. |
|
(b) The commissioners court shall adopt procedures |
|
governing applications, notice, hearings, and other matters |
|
relating to the grant of a special exception. |
|
Sec. 231.248. ENFORCEMENT; PENALTY. (a) The commissioners |
|
court may adopt orders to enforce this subchapter or an order or |
|
protection regulation adopted under this subchapter. |
|
(b) A person commits an offense if the person violates this |
|
subchapter or an order or protection regulation adopted under this |
|
subchapter. 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. 231.249. COOPERATION WITH MUNICIPALITIES. The |
|
commissioners court by order may enter into agreements with any |
|
municipality located in the county to assist in the implementation |
|
and enforcement of protection regulations adopted under this |
|
subchapter. |
|
Sec. 231.250. CONFLICT WITH OTHER LAWS. (a) Except as |
|
provided by Subsection (b), if a protection regulation adopted |
|
under this subchapter imposes higher standards than those required |
|
under another statute or local order or regulation, the regulation |
|
adopted under this subchapter controls. If the other statute or |
|
local order or regulation imposes higher standards, that statute, |
|
order, or regulation controls. |
|
(b) To the extent of a conflict between this subchapter and |
|
a regulation adopted by a municipal governing body or municipal |
|
board or commission located in the county with jurisdiction over |
|
airport zoning, the municipal regulation prevails. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |