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AN ACT
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relating to the regulation of land use and the creation of regional |
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military sustainability commissions to ensure compatible |
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development with military installations in certain areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 397.005, Local Government Code, is |
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amended to read as follows: |
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Sec. 397.005. CONSULTATION WITH DEFENSE BASE AUTHORITIES: |
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PROPOSED ORDINANCE, RULE, OR PLAN. (a) This subsection applies to |
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a defense community other than a defense community described by |
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Subsection (b). If a defense community determines that an |
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ordinance, rule, or plan proposed by the community may impact a |
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defense base or the military exercise or training activities |
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connected to the base, the defense community shall seek comments |
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and analysis from the defense base authorities concerning the |
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compatibility of the proposed ordinance, rule, or plan with base |
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operations. The defense community shall consider and analyze the |
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comments and analysis before making a final determination relating |
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to the proposed ordinance, rule, or plan. |
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(b) This subsection applies only to a defense community that |
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includes a municipality with a population of more than 110,000 |
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located in a county with a population of less than 135,000 and that |
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has not adopted airport zoning regulations under Chapter 241. A |
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defense community that proposes to adopt or amend an ordinance, |
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rule, or plan in an area located within eight miles of the boundary |
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line of a defense base or the military exercise or training |
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activities connected to the base shall seek comments and analysis |
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from the defense base authorities concerning the compatibility of |
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the proposed ordinance, rule, or plan with base operations. |
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(c) A defense community described by Subsection (b) shall |
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consider and analyze any comments and analysis received from the |
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defense base authorities under Subsection (b) before making a final |
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determination relating to the proposed ordinance, rule, or plan. |
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The defense community described by Subsection (b) may not make a |
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final determination under this subsection until the 31st day after |
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the date comments and analysis are requested under Subsection (b). |
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SECTION 2. Chapter 397, Local Government Code, is amended |
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by adding Section 397.006 to read as follows: |
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Sec. 397.006. CONSULTATION WITH DEFENSE BASE AUTHORITIES: |
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PROPOSED STRUCTURE. (a) This section applies only to a defense |
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community that includes a municipality with a population of more |
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than 110,000 located in a county with a population of less than |
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135,000 and that has not adopted airport zoning regulations under |
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Chapter 241. |
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(b) On receipt of an application for a permit as described |
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by Section 245.001 for a proposed structure in an area located |
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within eight miles of the boundary line of a defense base or the |
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military exercise or training activities connected to the base, the |
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defense community reviewing the application shall seek comments and |
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analysis from the defense base authorities concerning the |
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compatibility of the proposed structure with base operations. |
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(c) The defense community shall consider and analyze any |
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comments and analysis received from the defense base authorities |
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under Subsection (b) before making a final determination relating |
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to approval of the permit for the proposed structure. The defense |
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community may not make a final determination under this subsection |
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until the earlier of the date comments and analysis are received |
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from the defense base authorities or the fifth business day after |
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the date comments and analysis are requested under Subsection (b). |
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In this subsection, "business day" means any day other than a |
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Saturday, Sunday, or state or federal holiday. |
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(d) This section does not apply if a defense community is |
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required to take immediate action on an application to protect the |
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public health, safety, or welfare of residents of the defense |
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community. |
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SECTION 3. Subtitle C, Title 12, Local Government Code, is |
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amended by adding Chapter 397A to read as follows: |
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CHAPTER 397A. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS |
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RELATING TO CERTAIN MILITARY INSTALLATIONS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 397A.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) the areas that surround military installations |
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will be frequented for military, national security, and |
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international training purposes by residents from many parts of the |
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state, nation, and world; |
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(2) compatible development and use of those areas is |
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of concern to the state and nation; and |
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(3) without adequate regulation, the areas will tend |
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to become incompatible with military missions and will be used in |
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ways that interfere with: |
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(A) the proper continued use of those areas as |
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secure locations for military installations and missions; and |
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(B) the effective operation of the military |
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installations and missions. |
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(b) The powers granted under this chapter are for the |
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purposes of: |
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(1) promoting the public health, safety, and general |
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welfare; |
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(2) protecting and preserving places and areas of |
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military and national security importance and significance; |
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(3) protecting critical military missions and |
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operations related to those missions; and |
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(4) ensuring state and national security. |
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(c) This chapter may not be interpreted to grant regulatory |
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powers to administer Chapter 245 or to amend a protection or benefit |
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provided by Chapter 245. |
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[Sections 397A.002-397A.050 reserved for expansion] |
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SUBCHAPTER B. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN |
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POPULOUS AREAS |
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Sec. 397A.051. APPLICABILITY. (a) A regulation or |
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compatible development standard adopted under this subchapter does |
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not apply to: |
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(1) a tract of land used for a single-family residence |
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that is located outside the boundaries of a platted subdivision; |
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(2) a tract of land in agricultural use; |
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(3) an activity or a structure or appurtenance on a |
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tract of land in agricultural use; or |
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(4) an area designated as part of the commission's |
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territory under Section 397A.052 that is subject to the |
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jurisdiction of a regulatory agency as defined by Section 245.001, |
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and that, on the effective date of the Act adding this chapter, is: |
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(A) within the boundaries of a project as defined |
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by Section 245.001 and any revision to the project that has accrued |
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rights under Chapter 245; |
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(B) the subject of a permit as defined by Section |
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245.001 issued by or a permit application filed with a regulatory |
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agency as defined by Section 245.001; or |
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(C) subject to a plan for development or plat |
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application filed with a regulatory agency as defined by Section |
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245.001. |
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(b) In this section: |
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(1) "Agricultural use" means use or activity involving |
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agriculture. |
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(2) "Agriculture" means: |
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(A) cultivating the soil to produce crops for |
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human food, animal feed, seed for planting, or the production of |
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fibers; |
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(B) practicing floriculture, viticulture, |
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silviculture, or horticulture; |
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(C) raising, feeding, or keeping animals for |
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breeding purposes or for the production of food, fiber, leather, |
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pelts, or other tangible products having commercial value; |
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(D) planting cover crops, including cover crops |
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cultivated for transplantation, or leaving land idle for the |
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purpose of participating in a government program or normal crop or |
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livestock rotation procedure; or |
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(E) engaging in wildlife management. |
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(c) A term used in this subchapter that is defined or used in |
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Chapter 245 has the meaning assigned by Chapter 245. |
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Sec. 397A.052. CREATION OF REGIONAL MILITARY |
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SUSTAINABILITY COMMISSION. (a) A county with unincorporated area |
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located within five miles of the boundary line of a military |
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installation, and a municipality with a population of 1.1 million |
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or more and with extraterritorial jurisdiction located within five |
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miles of the boundary line of a military installation, each of |
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which, with respect to the same military installation, constitutes |
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a defense community as defined by Section 397.001, may agree by |
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order, ordinance, or other means to establish and fund a regional |
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military sustainability commission under this subchapter in an area |
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that is located: |
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(1) in the same county as the active military |
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installation; and |
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(2) in the extraterritorial jurisdiction of the |
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municipality. |
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(b) Defense communities may not establish more than one |
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commission in a county. |
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(c) Except as provided by Subsection (d), a commission's |
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territory consists of the unincorporated area located within two |
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miles of the boundary line of a military installation designated as |
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the commission's territory when the commission is established. |
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(d) If a military installation is engaged in flight training |
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at the time a commission is established under this section, the |
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commission's territory consists of the unincorporated area located |
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within three miles of the boundary line of the military |
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installation. |
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(e) This subchapter shall be narrowly construed in |
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conformity with the findings and purposes under Section 397A.001. |
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Sec. 397A.053. HEARING ON CREATION OF COMMISSION. (a) Not |
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earlier than the 60th day or later than the 30th day before the date |
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the governing body of each participating governmental entity |
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establishes a regional military sustainability commission, each |
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governing body shall hold two public hearings to consider the |
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creation of the proposed commission. Each governing body must, at |
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least seven days before each public hearing, prominently post |
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notice of the hearing in the administrative offices of the |
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governmental entity and publish notice of the hearing in a |
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newspaper of general circulation, if any, in the proposed |
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territory. |
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(b) The notice required by Subsection (a) must: |
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(1) state the date, time, and place for the public |
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hearing; |
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(2) identify the boundaries of the proposed territory, |
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including a map of the proposed territory; and |
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(3) provide a description of the proposed commission's |
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functions. |
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Sec. 397A.054. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY |
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COMMISSION. (a) The regional military sustainability commission |
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is composed of not more than nine members. |
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(b) Participating governmental entities may by joint |
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agreement determine the number, qualifications, and method of |
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selecting members of a commission. |
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(c) A member of a commission may not be an elected official |
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of a participating county or municipality. |
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Sec. 397A.055. COMMISSION REVIEW OF NEW PROJECTS. (a) In |
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this section, "new project" means a project, as that term is defined |
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by Section 245.001, for which an application for a permit that will |
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establish a vesting date under Chapter 245 has not been submitted to |
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a regulatory agency before the effective date of the Act adding this |
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chapter. The term does not include a revision to a project |
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commenced before the effective date of the Act adding this chapter. |
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(b) A regional military sustainability commission shall |
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establish an advisory committee and appoint six members to the |
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committee. Three of the members appointed to the committee must |
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represent the military installation for which the commission is |
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established and three members must represent landowners in the area |
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surrounding the military installation. The committee shall advise |
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the commission on protecting the critical military missions of the |
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military installation with regard to development. |
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(c) On receipt of an application for a permit for a new |
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project in the commission's territory, the governing body of the |
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participating governmental entity shall review the application and |
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request a report from the commission regarding the proposed |
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project. The commission, with the advice of the advisory |
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committee, shall review the compatibility of the new project with |
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the military installation's military missions and related |
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operations based on the commission's compatible development |
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standards. The commission shall submit a report of its findings, |
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including a recommendation regarding compatibility, to the |
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reviewing governmental entity not later than the 30th calendar day |
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after the date the request was made. The report must include an |
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estimate of the fiscal impact on the affected property of any |
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recommendations submitted by the commission, if the fiscal impact |
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is determinable based on the project description and other |
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information provided by the developer. |
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(d) The reviewing governmental entity may not take action on |
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the permit application until it receives the report of the |
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commission. If the commission finds that the proposed new project |
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is not compatible with the military installation's missions and |
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recommends denial of the permit application, the reviewing |
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governmental entity may disapprove the permit application. |
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(e) On annexation of an area in the commission's territory |
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for full or limited purposes by a municipality, the area is removed |
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from the commission's territory. If the municipality disannexes |
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the area, the area is included in the commission's territory. |
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Sec. 397A.056. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS. |
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(a) Before exercising the duties described by Section 397A.055, a |
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regional military sustainability commission shall recommend |
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compatible development standards for the territory. The commission |
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must consider, as part of the regional compatible development |
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standards, standards required by the Federal Aviation |
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Administration regulations for military installations that service |
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aircraft and helicopters. The commission shall submit the proposed |
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compatible development standards to the participating governmental |
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entities for approval. |
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(b) Before taking action to approve or reject the compatible |
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development standards proposed by the commission, the |
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participating governmental entities shall: |
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(1) provide notice of the commission's proposed |
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compatible development standards to property owners in the |
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commission's territory, as determined by the most recent county tax |
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roll; and |
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(2) publish notice of the commission's proposed |
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compatible development standards in a newspaper of general |
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circulation, if any, in the commission's territory. |
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(c) The failure of notice to reach each property owner under |
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Subsection (b) does not invalidate compatible development |
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standards adopted under this section. |
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(d) The compatible development standards are final after |
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approval by a majority vote of each participating governmental |
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entity. Notice of the final compatible development standards must |
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be provided to all appropriate taxing entities for filing in the |
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real property records of the county. |
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(e) The commission may include in the proposed compatible |
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development standards a recommendation to a participating |
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governmental entity to purchase property in the commission's |
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territory as practical to protect a critical military mission. |
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(f) The commission may recommend amendments to approved |
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compatible development standards. The participating governmental |
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entities may approve the commission's proposed standards under |
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procedures adopted by the entities. |
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Sec. 397A.057. COORDINATION WITH OTHER PLANS AND STUDIES. |
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The compatible development standards and regulations adopted under |
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this subchapter must be coordinated with: |
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(1) the county plan for growth and development of the |
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participating county or a county located in the regional military |
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sustainability commission's territory; |
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(2) the comprehensive plan of the participating |
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municipality; and |
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(3) the most recent Joint Land Use Study, if the |
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commission makes a finding that the conclusions of the study |
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accurately reflect circumstances in the territory. |
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Sec. 397A.058. CONFLICT WITH OTHER LAWS. Except with |
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respect to Chapter 245, if a regulation adopted under this |
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subchapter conflicts with a standard imposed under another statute |
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or local order or regulation, the more stringent standard controls. |
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Sec. 397A.059. FUNDS. (a) A participating governmental |
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entity may appropriate funds to the commission for the costs and |
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expenses required in the performance of the commission's purposes. |
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(b) A commission may apply for, contract for, receive, and |
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expend for its purposes a grant or funds from a participating |
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governmental entity, the state, the federal government, or any |
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other source. |
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Sec. 397A.060. WITHDRAWAL FROM COMMISSION. A participating |
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governmental entity may withdraw from a regional military |
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sustainability commission: |
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(1) by a two-thirds vote of its governing body; and |
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(2) after providing notice to the relevant military |
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installation commander not later than the 45th day before the date |
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of the vote under Subdivision (1). |
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Sec. 397A.061. EXPIRATION AFTER MILITARY INSTALLATION |
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CLOSURE. A regional military sustainability commission that has |
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territory around a military installation that is closed by the |
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federal government and the regional compatible development |
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standards for the commission's territory may continue in effect |
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until the fourth anniversary of the date the military installation |
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is closed. |
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Sec. 397A.062. JUDICIAL REVIEW OF COMMISSION OR |
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GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision |
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of this subchapter, a landowner aggrieved by a report submitted by |
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the regional military sustainability commission or by a permit |
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application decision of the participating governmental entity |
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under this subchapter may appeal all or part of the report or permit |
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application decision to a district court. The court may reverse or |
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modify, wholly or partly, the report submitted by the commission or |
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the permit application decision that is appealed. |
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[Sections 397A.063-397A.100 reserved for expansion] |
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SUBCHAPTER C. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN LESS |
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POPULOUS AREAS |
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Sec. 397A.101. APPLICABILITY. (a) A regulation or |
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compatible development standard adopted under this subchapter does |
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not apply to: |
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(1) an area located in a county with a population of |
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less than 5,000 that is adjacent to an international border; |
|
(2) a tract of land used for a single-family residence |
|
that is located outside the boundaries of a platted subdivision; |
|
(3) a tract of land in agricultural use; |
|
(4) an activity or a structure or appurtenance on a |
|
tract of land in agricultural use; or |
|
(5) 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 |
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Chapter 245. |
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(b) In this section, "agricultural use" and "agriculture" |
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have the meanings assigned by Section 397A.051. |
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Sec. 397A.102. CREATION OF REGIONAL MILITARY |
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SUSTAINABILITY COMMISSION. (a) A county with a population of |
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60,000 or less and a municipality that, with respect to the same |
|
active 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 subchapter 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) A commission's territory consists of the unincorporated |
|
area located within five miles of the boundary line of a military |
|
installation designated as the commission's territory when the |
|
commission is established. |
|
(d) This subchapter shall be narrowly construed in |
|
conformity with the findings and purposes under Section 397A.001. |
|
Sec. 397A.103. 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 |
|
functions. |
|
Sec. 397A.104. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY |
|
COMMISSION. (a) The 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 a commission. |
|
(c) A member of a commission may not be an elected official |
|
of a participating county or municipality. |
|
Sec. 397A.105. 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 regional military sustainability 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 15th 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 as part of the report. |
|
(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 area is removed |
|
from the commission's territory. If the municipality disannexes |
|
the area, the area is included in the commission's territory. |
|
Sec. 397A.106. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS. |
|
(a) Before exercising the duties described by Section 397A.105, a |
|
regional military sustainability commission shall recommend |
|
compatible development standards for the territory. The commission |
|
must consider, as part of the regional compatible development |
|
standards, the Federal Aviation Administration regulations |
|
regarding height restrictions surrounding a military installation |
|
that services aircraft and helicopters. The commission shall |
|
submit the proposed compatible development standards 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 proposed 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 amendments to approved |
|
compatible development standards. The participating governmental |
|
entities may approve the commission's proposed standards under |
|
procedures adopted by the entities. |
|
Sec. 397A.107. COORDINATION WITH OTHER PLANS AND STUDIES. |
|
The compatible development standards and regulations adopted under |
|
this subchapter must be coordinated with: |
|
(1) the county plan for growth and development of the |
|
participating county or a county located in the regional military |
|
sustainability 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.108. CONFLICT WITH OTHER LAWS. Except with |
|
respect to Chapter 245, if a regulation adopted under this |
|
subchapter conflicts with a standard imposed under another statute |
|
or local order or regulation, the more stringent standard controls. |
|
Sec. 397A.109. FUNDS. (a) A participating governmental |
|
entity may appropriate funds to the commission for the costs and |
|
expenses required in the performance of the commission's purposes. |
|
(b) 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.110. WITHDRAWAL FROM COMMISSION. A participating |
|
governmental entity may withdraw from a regional military |
|
sustainability 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). |
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Sec. 397A.111. EXPIRATION AFTER MILITARY INSTALLATION |
|
CLOSURE. A regional military sustainability commission that has |
|
territory around a military installation that is closed by the |
|
federal government and the regional compatible development |
|
standards for the commission's territory may continue in effect |
|
until the fourth anniversary of the date the military installation |
|
is closed. |
|
Sec. 397A.112. JUDICIAL REVIEW OF COMMISSION OR |
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GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision |
|
of this subchapter, a landowner aggrieved by a report submitted by |
|
the regional military sustainability commission or by a permit |
|
application decision of the participating governmental entity |
|
under this subchapter may appeal all or part of the report or permit |
|
application decision to a district court, county court, or county |
|
court at law. The court may reverse or modify, wholly or partly, |
|
the report submitted by the commission or the permit application |
|
decision that is appealed. |
|
SECTION 4. 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. |
|
|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2919 was passed by the House on May |
|
14, 2009, by the following vote: Yeas 135, Nays 0, 1 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 2919 on May 29, 2009, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 2919 on May 31, 2009, by the following vote: Yeas 134, |
|
Nays 5, 1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2919 was passed by the Senate, with |
|
amendments, on May 26, 2009, by the following vote: Yeas 29, Nays |
|
2; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
2919 on May 31, 2009, by the following vote: Yeas 29, Nays 2. |
|
|
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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|
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__________________ |
|
Governor |