BILL ANALYSIS

Senate Research Center	S.B. 1645
	By: Uresti
	Veteran Affairs & Military Installations
	4/18/2011
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The Defense Adjustment Management Authority Act was enacted by the legislature in 2001 to counteract potential negative impacts on the economic development of areas near military defense bases closed under the Base Realignment and Closure Act of 1990 and its subsequent amendments.  It allowed the governing bodies of municipalities with a population of 1.1 million to create by resolution or ordinance an authority in an area that has been annexed for full or limited purposes by the municipality.  The creation of the authority was intended for the purposes of fostering economic opportunity, job generation, and capital investment by promoting a favorable business climate, preparing the workforce for productive employment, and supporting infrastructure development in areas around defense bases that are intended to be annexed by the municipality.  The authority is a specific type of municipal management district with municipal zoning and platting powers within predefined limits.

The only entity created as a result of this legislation—the City South Management Authority (CSMA) in southern Bexar County—has drawn numerous complaints from property owners and potential developers as detrimental to the stated purpose of the legislation—fostering economic opportunity, job generation, and capital investment by promoting favorable business climate.  The City of San Antonio created CSMA with a limited-purpose annexation of a 63-square-mile area.  The 15-member CSMA board adopted a plan with associated land-use components and zoning districts that aims to promote development of compact, walkable, mixed-use neighborhoods, concentrated at the intersections of major roads, while preserving much of area's rural, agricultural character.  Critics say that the authority's restrictive zoning and design rules have hamstrung development because most of the territory cannot be developed into traditional neighborhoods, which they say drive commercial and retail development.  Developers and landowners complain about the City South zoning rules which they say limit large, dense developments within its boundaries.  The two largest zoning categories within City South are "farm and ranch" and "rural development," which between them make up one-half or more of the total area of City South.  Farm and ranching zones allow for one house per 25 acres, and Rural Development allows one house per acre.  Furthermore, the landowners have no ability to vote for those who make decisions on the zoning of their property.

As proposed, S.B. 1645 amends current law relating to the authority to create and operate a defense base management authority.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer:  Subchapter O (Defense Adjustment Management Authority), Local Government Code.

SECTION 2.  Effective date:  upon passage or September 1, 2011.