|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to authorizing the creation of regional military |
|
sustainability commissions around military installations and |
|
requiring certain property disclosures. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
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 individuals from many parts of |
|
the state, nation, and world; |
|
(2) compatible development and use of those areas is |
|
of concern to the entire state and nation; and |
|
(3) without adequate regulation, the areas will tend |
|
to become incompatible with military missions and to 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 purpose 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. |
|
Sec. 397A.002. CREATION OF REGIONAL MILITARY |
|
SUSTAINABILITY COMMISSION. (a) All counties and municipalities |
|
that each, with respect to the same military installation, |
|
constitute a defense community, as defined by Section 397.001, and |
|
for which a Joint Land Use Study has been completed, may agree by |
|
order, ordinance, or other means to establish and fund a regional |
|
military sustainability commission under this chapter. |
|
(b) A regional military sustainability 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. |
|
(c) A commission is a political subdivision of the state and |
|
is entitled to immunity as described by Chapter 101, Civil Practice |
|
and Remedies Code. |
|
(d) This chapter shall be liberally construed in conformity |
|
with the findings and purposes under Section 397A.001. |
|
Sec. 397A.003. 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 in the proposed territory, if any. |
|
(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 regional |
|
military sustainability commission's authority. |
|
Sec. 397A.004. 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 of, 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.005. REGULATORY POWERS. (a) A regional military |
|
sustainability commission has the authority granted to a municipal |
|
zoning commission and a board of adjustment under Chapter 211 in the |
|
regional military sustainability commission's territory, including |
|
any area that is within the boundaries of a municipality's |
|
extraterritorial jurisdiction. On annexation of an area of the |
|
commission's territory for full or limited purposes by a |
|
municipality, the commission's power to regulate the area under |
|
Chapter 211 expires. The commission regains the power in an area if |
|
the municipality disannexes the area. |
|
(b) A commission shall establish an advisory committee and |
|
appoint not more than five members to the committee. Three of the |
|
members appointed to the committee must represent the military |
|
installation for which the commission is established. The |
|
committee shall advise the commission on protecting the critical |
|
military missions of the military installation with regard to |
|
development. |
|
(c) The participating governmental entities shall determine |
|
the procedures under Chapter 211 that apply to the review and |
|
approval of a zoning regulation under this chapter. The |
|
governmental entity with jurisdiction in the area to which a |
|
proposed zoning regulation applies makes the final decision under |
|
this chapter regarding a proposed zoning regulation. |
|
Sec. 397A.006. REGIONAL PLAN. (a) A regional military |
|
sustainability commission shall recommend and adopt a plan for the |
|
territory. After adoption, the commission shall submit the plan to |
|
the participating governmental entities for approval. |
|
(b) Before taking action to approve or reject the plan, the |
|
participating governmental entities shall: |
|
(1) provide notice of the commission's proposed plan |
|
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 plan |
|
in a newspaper of general circulation in the commission's |
|
territory, if any. |
|
(c) The failure of notice to reach each property owner under |
|
Subsection (b) does not invalidate a plan adopted under Subsection |
|
(a). |
|
(d) The regional plan shall be final upon its approval by a |
|
majority of the participating governmental entities. Notice of the |
|
final plan shall be provided to all appropriate taxing entities for |
|
inclusion in the deed county records. |
|
(e) The commission may amend an approved plan after |
|
providing notice of the amended plan and holding hearings in the |
|
same manner as provided by the procedures described by Section |
|
397A.005(c). The participating governmental entities may approve |
|
the commission's amended plan under the procedures adopted by |
|
Section 397A.005(c) for the approval of zoning regulations. |
|
Sec. 397A.007. COORDINATION WITH OTHER PLANS AND STUDIES. |
|
The plan and regulations adopted under this chapter must be |
|
coordinated with: |
|
(1) the county plan for growth and development of a |
|
participating county or a county located in the commission's |
|
territory; |
|
(2) the comprehensive plan of a 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.008. DORMANT PROJECTS. (a) Notwithstanding |
|
Section 245.005(b), a project, as defined by Section 245.001, in |
|
the commission's territory shall not have more than two years to |
|
show progress towards completion, as determined under Section |
|
245.005(c). |
|
(b) This section does not prohibit a project developer from |
|
applying to the commission for a new permit or other form of |
|
authorization required to complete a project. |
|
Sec. 397A.009. CONFLICT WITH OTHER LAWS. 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 its 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 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 |
|
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. EXEMPTION FROM OTHER LAW. Chapter 2007, |
|
Texas Government Code, does not apply to an action by a regional |
|
military sustainability commission or a participating governmental |
|
entity under this chapter. |
|
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. |