|
SECTION 1. Section 397.005,
Local Government Code, is amended to read as follows:
Sec. 397.005. CONSULTATION
WITH OR NOTIFICATION TO MILITARY BASE OR DEFENSE FACILITY AUTHORITIES:
PROPOSED ORDINANCE, RULE, OR PLAN. (a) This subsection applies to a
defense community other than a defense community described by Subsection
(b)(1) [Subsection (b)]. If a defense community determines that
an ordinance, rule, or plan proposed by the community may impact a military
base or defense facility or the military exercise or training activities
connected to the base or facility, the defense community shall seek comments
and analysis from the base or facility authorities concerning the
compatibility of the proposed ordinance, rule, or plan with base
operations. The defense community shall consider and analyze the comments
and analysis before making a final determination relating to the proposed
ordinance, rule, or plan.
(b)
[This subsection applies only to a defense community that includes a
municipality with a population of more than 110,000 located in a county
with a population of less than 135,000 and that has not adopted airport
zoning regulations under Chapter 241.] A defense community that
proposes to adopt or amend an ordinance, rule, or plan in an area located within eight miles of the
boundary line of a military base or defense facility shall notify
the base or facility authorities concerning the compatibility of the
proposed ordinance, rule, or plan with base operations. This subsection
applies only to a defense community that has not adopted airport zoning
regulations under Chapter 241 and that:
(1) includes a municipality with a population of more than 110,000
located in a county with a population of less than 135,000;
(2) is a county with a
population of more than 1.5 million that contains a municipality in which
at least 75 percent of the county's population resides;
(3) is a county with a
population of 130,000 or more that is adjacent to a county described by
Subdivision (2); or
(4) is located in a
county described by Subdivision (2) or (3).
(c) A defense community
described by Subsection (b)(2), (3), or (4)
may enter into a memorandum of agreement with the military base or defense
facility to establish a shorter distance
from the boundary line of the military base or defense facility for
which notification under Subsection (b)
would be required by the defense community.
(d) After providing
notice under Subsection (b), a defense community described by Subsection (b)(2), (3), or (4) shall enter into
a memorandum of agreement with the military base or defense facility to
establish provisions to maintain the compatibility of the proposed
ordinance, rule, or plan with base operations.
|
SECTION 1. Section 397.005,
Local Government Code, is amended by adding Subsections (c), (d), and (e)
to read as follows:
No
equivalent provision.
(c) A defense community
that proposes to adopt or amend an ordinance, rule, or plan that would be applicable in a controlled
compatible land use area as defined by Section 241.003 and that may impact
base operations shall notify the base or facility authorities
concerning the compatibility of the proposed ordinance, rule, or plan with
base operations. This subsection applies only to a defense community that
has not adopted airport zoning regulations under Chapter 241 and that:
(1) is a county with a
population of more than 1.5 million that contains a municipality in which
at least 75 percent of the county's population resides;
(2) is a county with a
population of 130,000 or more that is adjacent to a county described by
Subdivision (1);
(3) is located in a
county described by Subdivision (1) or (2); or
(4) is or includes a municipality that is located in a county with
a population of more than 130,000 that borders the Red River.
(d) A defense community
described by Subsection (c) may
enter into a memorandum of agreement with the military base or defense
facility to establish a smaller area in the
controlled compatible land use area for which notification under
Subsection (c) would be required by
the defense community.
(e) After providing notice
under Subsection (c), the defense community shall enter into a memorandum
of agreement with the military base or defense facility to establish
provisions to maintain the compatibility of the proposed ordinance, rule,
or plan with base operations.
|
|
SECTION 2. Section 397.006,
Local Government Code, is amended by amending Subsection (a) and adding
Subsections (c) and (c-1) to read as follows:
(a) This section applies only to a defense community that has
not adopted airport zoning regulations under Chapter 241 and that:
(1) includes a
municipality with a population of more than 110,000 located in a county
with a population of less than 135,000;
(2) is a county with a
population of more than 1.5 million that contains a municipality in which
at least 75 percent of the county's population resides;
(3) is a county with a
population of 130,000 or more that is adjacent to a county described by
Subdivision (2); or
(4) is located in a
county described by Subdivision (2) or (3) [and that has not adopted airport zoning regulations under
Chapter 241].
(c) A defense community
described by Subsection (a)(2), (3), or (4)
may enter into a memorandum of agreement with the military base or defense
facility to establish a shorter distance
from the boundary line of the military base or defense facility for
which notification under Subsection (b)
would be required by the defense community.
(c-1) After providing
notice under Subsection (b), a
defense community described by Subsection
(a)(2), (3), or (4) shall enter into a memorandum of agreement with
the military base or defense facility to establish provisions to maintain
the compatibility of the proposed structure with base operations.
|
SECTION 2. Section 397.006,
Local Government Code, is amended by amending Subsection (a) and adding
Subsections (c), (c-1), and (c-2) to read as follows:
(a) Subsection (b) [This section] applies only to a defense community
that includes a municipality with a population of more than 110,000 located
in a county with a population of less than 135,000 and that has not adopted
airport zoning regulations under Chapter 241.
(c) On receipt of an application for a permit as defined by
Section 245.001 for a proposed structure that would be located in a
controlled compatible land use area as defined by Section 241.003 and may
impact base operations, a defense community shall notify the base or
facility authorities concerning the compatibility of the proposed structure
with base operations. This subsection applies only to a defense
community that has not adopted airport zoning regulations under Chapter 241
and that:
(1) is a county with a
population of more than 1.5 million that contains a municipality in which
at least 75 percent of the county's population resides;
(2) is a county with a
population of 130,000 or more that is adjacent to a county described by Subdivision
(1);
(3) is located in a
county described by Subdivision (1) or (2); or
(4) is or includes a municipality that is located in a county with
a population of more than 130,000 that borders the Red River.
(c-1) A defense community
described by Subsection (c) may
enter into a memorandum of agreement with the military base or defense
facility to establish a smaller area in the
controlled compatible land use area for which notification under Subsection (c) would be required by the
defense community.
(c-2) After providing
notice under Subsection (c), a
defense community shall enter into a memorandum of agreement with the
military base or defense facility to establish provisions to maintain the
compatibility of the proposed structure with base operations.
|