Amend CSSB 2223 by striking all below the enacting clause, 
and substituting the following:
	SECTION 1.  Subtitle C, Title 12, Local Government Code, is 
amended by adding Chapter 397A to read as follows:

CHAPTER 397A.  REGIONAL MILITARY SUSTAINABILITY COMMISSIONS 
RELATING TO MILITARY INSTALLATIONS
	Sec. 397A.001.  LEGISLATIVE FINDINGS; PURPOSE.  (a)  The 
legislature finds that:
		(1)  the areas that surround military installations 
will be frequented for military, national security, and 
international training purposes by residents from many parts of the 
state, nation, and world;
		(2)  compatible development and use of those areas is 
of concern to the state and nation; and
		(3)  without adequate regulation, the areas will tend 
to become incompatible with military missions and will be used in 
ways that interfere with:
			(A)  the proper continued use of those areas as 
secure locations for military installations and missions; and
			(B)  the effective operation of the military 
installations and missions.
	(b)  The regulatory powers granted under this chapter are for 
the purposes of:
		(1)  promoting the public health, safety, and general 
welfare;       
		(2)  protecting and preserving places and areas of 
military and national security importance and significance;
		(3)  protecting critical military missions and 
operations related to those missions; and
		(4)  ensuring state and national security.                             
	(c)  This chapter may not be interpreted to grant regulatory 
powers to administer Chapter 245 or to amend a protection or benefit 
provided by Chapter 245.
	Sec. 397A.002.  APPLICABILITY.  (a)  A regulation or 
compatible development standard adopted under this chapter does not 
apply to:
		(1)  a tract of land used for a single-family residence 
that is located outside the boundaries of a platted subdivision;
		(2)  a tract of land in agricultural use;                              
		(3)  an activity or a structure or appurtenance on a 
tract of land in agricultural use; or
		(4)  any activity or a project, as that term is defined 
by Section 245.001, that is:
			(A)  occurring or in existence on the effective 
date of the Act adding this chapter; or
			(B)  receiving the benefits of or protected under 
Chapter 245.      
	(b)  In this section:                                                   
		(1)  "Agricultural use" means use or activity involving 
agriculture. 
		(2)  "Agriculture" means:                                              
			(A)  cultivating the soil to produce crops for 
human food, animal feed, seed for planting, or the production of 
fibers;
			(B)  practicing floriculture, viticulture, 
silviculture, or horticulture;
			(C)  raising, feeding, or keeping animals for 
breeding purposes or for the production of food, fiber, leather, 
pelts, or other tangible products having commercial value;
			(D)  planting cover crops, including cover crops 
cultivated for transplantation, or leaving land idle for the 
purpose of participating in a government program or normal crop or 
livestock rotation procedure; or
			(E)  engaging in wildlife management.                                 
	Sec. 397A.003.  CREATION OF REGIONAL MILITARY 
SUSTAINABILITY COMMISSION.  (a)  A county with unincorporated area 
located within five miles of the boundary line of a military 
installation, and a municipality with a population of 1.1 million 
or more and with extraterritorial jurisdiction located within five 
miles of the boundary line of a military installation, each of 
which, with respect to the same military installation, constitutes 
a defense community as defined by Section 397.001, may agree by 
order, ordinance, or other means to establish and fund a regional 
military sustainability commission under this chapter in an area 
that is located:
		(1)  in the same county as the active military 
installation; and     
		(2)  in the extraterritorial jurisdiction of the 
municipality.       
	(b)  Defense communities may not establish more than one 
commission in a county.
	(c)  Except as provided by Subsection (d), a commission's 
territory consists of the unincorporated area located within two 
miles of the boundary line of a military installation designated as 
the commission's territory when the commission is established.
	(d)  If a military installation is engaged in flight training 
at the time a commission is established under this section, the 
commission's territory consists of the unincorporated area located 
within three miles of the boundary line of the military 
installation.
	(e)  A commission is a political subdivision of the state, is 
subject to Section 245.006, and is entitled to immunity as 
described by Chapter 101, Civil Practice and Remedies Code.
	(f)  This chapter shall be narrowly construed in conformity 
with the findings and purposes under Section 397A.001.
	Sec. 397A.004.  HEARING ON CREATION OF COMMISSION.  (a)  Not 
earlier than the 60th day or later than the 30th day before the date 
the governing body of each participating governmental entity 
establishes a regional military sustainability commission, each 
governing body shall hold two public hearings to consider the 
creation of the proposed commission.  Each governing body must, at 
least seven days before each public hearing, prominently post 
notice of the hearing in the administrative offices of the 
governmental entity and publish notice of the hearing in a 
newspaper of general circulation, if any, in the proposed 
territory.
	(b)  The notice required by Subsection (a) must:                        
		(1)  state the date, time, and place for the public 
hearing;         
		(2)  identify the boundaries of the proposed territory, 
including a map of the proposed territory; and
		(3)  provide a description of the proposed commission's 
authority.   
	Sec. 397A.005.  GOVERNING BODY OF REGIONAL MILITARY 
SUSTAINABILITY COMMISSION.  (a)  The governing body of a regional 
military sustainability commission is composed of not more than 
nine members.
	(b)  Participating governmental entities may by joint 
agreement determine the number, qualifications, and method of 
selecting members of the governing body of a commission.
	(c)  A member of a governing body of a commission may not be 
an elected official of a participating county or municipality.
	Sec. 397A.006.  COMMISSION REVIEW OF NEW PROJECTS.  (a)  In 
this section, "new project" means a project, as that term is defined 
by Section 245.001, for which an application for a permit that will 
establish a vesting date under Chapter 245 has not been submitted to 
a regulatory agency before the effective date of the Act adding this 
chapter, including a water contract, sewer contract, or master 
plan.
	(b)  A commission shall establish an advisory committee and 
appoint six members to the committee.  Three of the members 
appointed to the committee must represent the military installation 
for which the commission is established and three members must 
represent landowners in the area surrounding the military 
installation.  The committee shall advise the commission on 
protecting the critical military missions of the military 
installation with regard to development.
	(c)  On receipt of an application for a permit for a new 
project in the commission's territory, the governing body of the 
participating governmental entity shall review the application and 
request a report from the commission regarding the proposed 
project.  The commission, with the advice of the advisory 
committee, shall review the compatibility of the new project with 
the military installation's military missions and related 
operations based on the commission's compatible development 
standards.  The commission shall submit a report of its findings, 
including a recommendation regarding compatibility, to the 
reviewing governmental entity not later than the 30th calendar day 
after the date the request was made.  The report must include an 
estimate of the fiscal impact on the affected property of any 
recommendations submitted by the commission, if the fiscal impact 
is determinable based on the project description and other 
information provided by the developer.
	(d)  The reviewing governmental entity may not take action on 
the permit application until it receives the report of the 
commission.  If the commission finds that the proposed new project 
is not compatible with the military installation's missions and 
recommends denial of the permit application, the reviewing 
governmental entity may disapprove the permit application.
	(e)  On annexation of an area in the commission's territory 
for full or limited purposes by a municipality, the commission's 
authority over the area expires.  The commission regains the 
authority in an area if the municipality disannexes the area.
	Sec. 397A.007.  REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.  
(a)  Before exercising the authority granted by Section 397A.006, a 
commission shall recommend and adopt compatible development 
standards for the territory.  The commission must consider and may 
adopt, as part of the regional compatible development standards, 
standards required by the Federal Aviation Administration 
regulations for military installations that service aircraft and 
helicopters.  The commission shall submit compatible development 
standards adopted under this section to the participating 
governmental entities for approval.
	(b)  Before taking action to approve or reject the compatible 
development standards proposed by the commission, the 
participating governmental entities shall:
		(1)  provide notice of the commission's proposed 
compatible development standards to property owners in the 
commission's territory, as determined by the most recent county tax 
roll; and
		(2)  publish notice of the commission's proposed 
compatible development standards in a newspaper of general 
circulation, if any, in the commission's territory.
	(c)  The failure of notice to reach each property owner under 
Subsection (b) does not invalidate compatible development 
standards adopted under this section.
	(d)  The compatible development standards are final after 
approval by a majority vote of each participating governmental 
entity.  Notice of the final compatible development standards must 
be provided to all appropriate taxing entities for filing in the 
real property records of the county.
	(e)  The commission may include in the compatible 
development standards a recommendation to a participating 
governmental entity to purchase property in the commission's 
territory as practical to protect a critical military mission.
	(f)  The commission may recommend and approve amendments to 
approved compatible development standards.  The participating 
governmental entities may approve the commission's amended 
standards under procedures adopted by the entities.
	Sec. 397A.008.  COORDINATION WITH OTHER PLANS AND STUDIES.  
The compatible development standards and regulations adopted under 
this chapter must be coordinated with:
		(1)  the county plan for growth and development of the 
participating county or a county located in the commission's 
territory;
		(2)  the comprehensive plan of the participating 
municipality; and   
		(3)  the most recent Joint Land Use Study, if the 
commission makes a finding that the conclusions of the study 
accurately reflect circumstances in the territory.
	Sec. 397A.009.  CONFLICT WITH OTHER LAWS.  Except with 
respect to Chapter 245, if a regulation adopted under this chapter 
conflicts with a standard imposed under another statute or local 
order or regulation, the more stringent standard controls.
	Sec. 397A.010.  FUNDS.  (a)  A commission does not have power 
to tax. 
	(b)  A participating governmental entity may appropriate 
funds to the commission for the costs and expenses required in the 
performance of the commission's purposes.
	(c)  A commission may apply for, contract for, receive, and 
expend for its purposes a grant or funds from a participating 
governmental entity, the state, the federal government, or any 
other source.
	Sec. 397A.011.  RESTRICTIONS.  (a)  A commission shall 
comply with laws applicable to participating governmental entities 
relating to:
		(1)  reimbursement for travel expenses;                                
		(2)  nepotism;                                                         
		(3)  conflicts of interest; and                                        
		(4)  registration of lobbyists.                                        
	(b)  To the extent of a conflict between laws applicable to 
participating governmental entities relating to a subject 
described by Subsection (a), the more stringent requirement 
controls.
	Sec. 397A.012.  WITHDRAWAL FROM COMMISSION.  A participating 
governmental entity may withdraw from a commission:
		(1)  by a two-thirds vote of its governing body; and                   
		(2)  after providing notice to the relevant military 
installation commander not later than the 45th day before the date 
of the vote under Subdivision (1).
	Sec. 397A.013.  EXPIRATION AFTER MILITARY INSTALLATION 
CLOSURE.  A commission that regulates territory around a military 
installation that is closed by the federal government and the 
regional compatible development standards adopted by the 
commission may continue in effect until the fourth anniversary of 
the date the military installation is closed.
	Sec. 397A.014.  JUDICIAL REVIEW OF COMMISSION OR 
GOVERNMENTAL ENTITY DECISION.  Notwithstanding any other provision 
of this chapter, a landowner aggrieved by a report submitted by the 
commission or by a permit application decision of the participating 
governmental entity under this chapter may appeal all or part of the 
report or permit application decision to a district court.  The 
court may reverse or modify, wholly or partly, the report submitted 
by the commission or the permit application decision that is 
appealed.
	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, 2009.