BILL ANALYSIS

 

 

Senate Research Center

H.B. 2232

84R18636 JTS-D

By: Kuempel; Farias (Campbell)

 

Veteran Affairs & Military Installations

 

5/11/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties note that preventing encroachment onto the areas surrounding military installations has become one of the top priorities of the United States Department of Defense. To ensure the military's ability to maintain operational readiness in defense of the United States, these parties believe it is necessary to foster compatible land use between military installations and adjacent communities. H.B. 2232 seeks to address the issue of maintaining the readiness of military installations in light of the continuing growth and expansion of neighboring communities.

 

H.B. 2232 amends current law relating to the creation of regional military sustainability commissions for certain military installations.

 

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.  Amends Sections 397A.052(a), (b), and (c), Local Government Code, as follows:

 

(a)  Provides that this section applies only to:

 

(1)  a county:

 

(A)  in which three or more locations of a joint military base are located; and

 

(B)  with a population of more than 1.7 million;

 

(2)  a county that is adjacent to a county described by Subdivision (1); and

 

(3)  a municipality located in a county described by Subdivision (1) or (2).

 

(b)  Authorizes one or more municipalities with extraterritorial jurisdiction located within five miles of the boundary line of a military installation and one or more counties with unincorporated area located within five miles of the boundary of a military installation to agree by order, ordinance, or other means to establish and fund a regional military sustainability commission under this subchapter with respect to the military installation.

 

(c)  Provides that a commission's territory consists of the area:

 

(1)  located outside the military installation's boundaries and:

 

(A)  within two miles of the boundary line of a military installation, except as provided by Paragraph (B); or

 

(B)  for a commission established for a military installation engaged in flight training at the time the commission is established, within a rectangle bounded by lines located no farther than 1-1/2 statute miles from the centerline of a runway of the installation and lines located no farther than five statute miles from each end of the paved surface of a runway of the installation;

 

(2)  located in:

 

(A)  the extraterritorial jurisdiction of a participating municipality; or

 

(B)  the unincorporated area of a participating county; and

 

(3)  designated as the commission's territory when the commission is established.

 

Deletes existing text authorizing a county with unincorporated area located within five miles of the boundary line of a military installation, and a municipality with a population of 1.1 million or more and with extraterritorial jurisdiction located within five miles of the boundary line of a military installation, each of which, with respect to the same military installation, constitutes a defense community as defined by Section 397.001, to agree by order, ordinance, or other means to establish and fund a regional military sustainability commission under this subchapter in an area that is located in the same county as the active military installation; and in the extraterritorial jurisdiction of the municipality. Deletes existing text prohibiting defense communities from establishing more than one commission in a county, and deletes existing text providing that, except as provided by Subsection (d), a commission's territory consists of the unincorporated area located within two miles of the boundary line of a military installation.

 

SECTION 2.  Repealer: Section 397A.052(d) (relating to the territory of a commission established at the time a military installation is engaged in flight training), Local Government Code.

 

SECTION 3.  Provides that the changes in law made by this Act do not affect a regional military sustainability commission created under Section 397A.052, Local Government Code, before the effective date of this Act.

 

SECTION 4.  Effective date: September 1, 2015.