81R11821 PAM-F
 
  By: Gallego H.B. No. 2056
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to granting certain local governments general zoning
  authority around certain military facilities; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 7, Local Government Code, is
  amended by adding Chapter 241A to read as follows:
  CHAPTER 241A. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND
  AIR FORCE FACILITY
         Sec. 241A.001.  DEFINITIONS. In this chapter:
               (1)  "Air force facility" means a base or station of the
  United States Air Force.
               (2)  "Centerline" and "compatible land use" have the
  meanings assigned by Section 241.003.
               (3)  "Controlled compatible land use area" means an
  area of land located outside airport boundaries and within a
  rectangle bounded by lines located not more than five nautical
  miles from the centerline of the landing strip and lines located not
  more than five nautical miles from each end of the paved surface of
  the landing strip.
         Sec. 241A.002.  LEGISLATIVE FINDINGS; PURPOSE.  (a) The
  legislature finds that:
               (1)  the area that surrounds an air force facility will
  be frequented for military and national security purposes by
  residents from many parts of the state and nation;
               (2)  an air force facility is essential to the economic
  viability of the surrounding local community, the state, and the
  nation;
               (3)  orderly development and use of the area is of
  concern to the entire state;
               (4)  without adequate development 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; and
               (5)  it is imperative for the local community to
  protect the viability of current and future missions at an air force
  facility by ensuring compatible land uses are developed within the
  controlled compatible land use area.
         (b)  The powers granted under this chapter are for the
  purposes 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. 241A.003.  AREAS SUBJECT TO REGULATION. This chapter
  applies only to the area that extends not more than five nautical
  miles from the centerline and not more than five nautical miles from
  each end of the paved surface of the landing strip at an air force
  facility located in a county with a population of 60,000 or less.
         Sec. 241A.004.  DEVELOPMENT REGULATIONS GENERALLY. (a)  The
  governing bodies of a municipality and the county in the regulated
  area through a joint airport zoning board established under Section
  241A.005 may regulate:
               (1)  the height, number of stories, and size of
  buildings and other structures;
               (2)  the percentage of a lot that may be occupied;
               (3)  the size of yards, courts, and other open spaces;
               (4)  population density;
               (5)  the location and use of buildings, other
  structures, and land for business, industrial, residential, or
  other purposes; and
               (6)  the placement of water and sewage facilities,
  landfills, parks, and other required public facilities.
         (b)  A regulation adopted under this chapter does not apply
  to a land use that relates to agricultural, irrigation, or hunting
  activities unless the joint airport zoning board makes a finding,
  confirmed by each governing body, that the regulation is necessary
  to regulate an agricultural, irrigation, or hunting activity that
  interferes with an activity on the air force facility.
         Sec. 241A.005.  JOINT AIRPORT ZONING BOARD. (a) To exercise
  the authority granted under this chapter, the governing bodies of a
  municipality and the county in the regulated area shall appoint a
  joint airport zoning board to assist in the implementation and
  enforcement of development regulations adopted under this chapter.
         (b)  The membership of the board is composed of:
               (1)  two members appointed by the county judge of the
  county;
               (2)  two members appointed by the presiding officer of
  the governing body of the municipality;
               (3)  one member who owns land in the regulated area
  appointed jointly by the county judge of the county and the
  presiding officer of the governing body of the municipality;
               (4)  one member who owns at least 500 acres in the
  regulated area appointed jointly by the county judge of the county
  and the presiding officer of the governing body of the
  municipality; and
               (5)  one member appointed jointly by the members
  appointed under Subdivisions (1) through (4), who serves as the
  presiding officer of the board.
         (c)  The board shall perform the duties assigned under this
  chapter and other duties as requested by the governing bodies to
  implement this chapter.
         Sec. 241A.006.  PROCEDURE GOVERNING ADOPTION OF REGULATIONS
  AND DISTRICT BOUNDARIES.  (a) A development regulation adopted
  under this chapter is not effective until it is adopted by the
  governing bodies of a municipality and the county in the regulated
  area after a joint public hearing. Before the 15th day before the
  date of the hearing, the governing bodies of the municipality and
  the county must publish notice of the hearing in a newspaper of
  general circulation in the county.
         (b)  The governing bodies of a municipality and the county in
  the regulated area may prohibit or restrict development in the area
  based on recommendations issued in a resolution adopted by the
  joint airport zoning board.  The board's recommendations must be
  based on the most recent Air Installation Compatible Use Zone Study
  and the most recent Joint Land Use Study.  The governing bodies of a
  municipality and the county may amend regulations adopted under
  this chapter:
               (1)  based on amended recommendations issued in a
  resolution adopted by the joint airport zoning board as the studies
  are periodically updated; and
               (2)  if each governing body makes findings that the
  conclusions of the studies on which each governing body is basing
  its findings accurately reflect development circumstances in the
  subject area.
         (c)  The governing bodies of a municipality and the county in
  the regulated area may adopt or amend a development regulation only
  by an order passed by a majority vote of the full membership of each
  governing body.
         Sec. 241A.007.  COMPLIANCE WITH STUDIES AND PLANS.
  Development regulations must be:
               (1)  adopted in accordance with the most recent Air
  Installation Compatible Use Zone Study and the most recent Joint
  Land Use Study for growth and development surrounding the air force
  facility;
               (2)  adopted in accordance with the county plan for
  growth and development of the county; and
               (3)  coordinated with the comprehensive plan of the
  municipality.
         Sec. 241A.008.  DISTRICTS.  (a) The joint airport zoning
  board may divide the area regulated under this chapter into
  districts of a number, shape, and size the board considers best for
  carrying out this chapter.
         (b)  Development regulations may vary from district to
  district.
         Sec. 241A.009.  SPECIAL EXCEPTION. (a) A person aggrieved
  by a development regulation adopted under this chapter may petition
  the governing bodies of a municipality and the county in the
  regulated area for a special exception to the development
  regulation. The grant of a special exception requires a majority
  vote of the full membership of each governing body.
         (b)  The governing bodies of a municipality and the county in
  the regulated area shall adopt procedures governing applications,
  notice, hearings, and other matters relating to the grant of a
  special exception.
         Sec. 241A.010.  ENFORCEMENT; PENALTY. (a) The governing
  bodies of a municipality and the county in the regulated area shall
  adopt ordinances, orders, or development regulations, as
  applicable, to enforce this chapter.
         (b)  A person commits an offense if the person violates this
  chapter or an ordinance, order, or development regulation adopted
  under this chapter. 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. 241A.011.  COOPERATION AMONG LOCAL ENTITIES. The
  governing bodies of a municipality and the county in the regulated
  area and the joint airport zoning board may enter into an agreement
  to cooperate in the drafting, implementation, and enforcement of
  development regulations adopted under this chapter.
         SECTION 2.  This Act takes effect September 1, 2009.