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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of land use to ensure compatible |
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development with military facilities in certain counties. |
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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. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |