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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. |
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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) A [If a] defense community |
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[determines] that proposes to adopt or amend an ordinance, rule, or |
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plan in an area located within 10 miles of the boundary line of |
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[proposed by the community may impact] a defense base or the |
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military exercise or training activities connected to the base[,
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the defense community] shall seek comments and analysis from the |
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defense base authorities concerning the compatibility of the |
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proposed ordinance, rule, or plan with base operations. |
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(b) The defense community shall consider and analyze any |
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[the] comments and analysis received from the defense base |
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authorities under Subsection (a) before making a final |
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determination relating to the proposed ordinance, rule, or plan. |
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The defense base community may not make a final determination under |
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this subsection until the 31st day after the date comments and |
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analysis are requested under Subsection (a). |
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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) On receipt of an application for a permit |
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as described by Section 245.001 for a proposed structure in an area |
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located within 10 miles of the boundary line of a defense base or |
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the military exercise or training activities connected to the base, |
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the defense community reviewing the application shall seek comments |
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and analysis from the defense base authorities concerning the |
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compatibility of the proposed structure with base operations. |
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(b) 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 (a) 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 31st day after the date comments and analysis are |
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requested under Subsection (a). |
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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. |