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A BILL TO BE ENTITLED
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AN ACT
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relating to the compatibility of certain defense community |
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regulations and structures with military operations. |
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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 OR NOTIFICATION TO MILITARY |
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BASE OR DEFENSE FACILITY AUTHORITIES: PROPOSED ORDINANCE, RULE, OR |
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PLAN. (a) This subsection applies to a defense community other than |
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a defense community described by Subsection (b)(1) [Subsection
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(b)]. If a defense community determines that an ordinance, rule, or |
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plan proposed by the community may impact a military base or defense |
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facility or the military exercise or training activities connected |
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to the base or facility, the defense community shall seek comments |
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and analysis from the base or facility authorities concerning the |
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compatibility of the proposed ordinance, rule, or plan with base |
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operations. The defense community shall consider and analyze the |
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comments and analysis before making a final determination relating |
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to the proposed ordinance, rule, or plan. |
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(b) [This subsection applies only to a defense community
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that includes a municipality with a population of more than 110,000
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located in a county with a population of less than 135,000 and that
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has not adopted airport zoning regulations under Chapter 241.] A |
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defense community that proposes to adopt or amend an ordinance, |
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rule, or plan in an area located within eight miles of the boundary |
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line of a military base or defense facility shall notify the base or |
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facility authorities concerning the compatibility of the proposed |
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ordinance, rule, or plan with base operations. This subsection |
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applies only to a defense community that has not adopted airport |
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zoning regulations under Chapter 241 and that: |
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(1) includes a municipality with a population of more |
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than 110,000 located in a county with a population of less than |
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135,000; |
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(2) is a county with a population of more than 1.5 |
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million that contains a municipality in which at least 75 percent of |
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the county's population resides; |
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(3) is a county with a population of 130,000 or more |
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that is adjacent to a county described by Subdivision (2); or |
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(4) is located in a county described by Subdivision |
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(2) or (3). |
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(c) A defense community described by Subsection (b)(2), |
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(3), or (4) may enter into a memorandum of agreement with the |
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military base or defense facility to establish a shorter distance |
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from the boundary line of the military base or defense facility for |
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which notification under Subsection (b) would be required by the |
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defense community. |
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(d) After providing notice under Subsection (b), a defense |
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community described by Subsection (b)(2), (3), or (4) shall enter |
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into a memorandum of agreement with the military base or defense |
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facility to establish provisions to maintain the compatibility of |
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the proposed ordinance, rule, or plan with base operations. |
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SECTION 2. Section 397.006, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (c) and |
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(c-1) to read as follows: |
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(a) This section applies only to a defense community that |
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has not adopted airport zoning regulations under Chapter 241 and |
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that: |
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(1) includes a municipality with a population of more |
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than 110,000 located in a county with a population of less than |
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135,000; |
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(2) is a county with a population of more than 1.5 |
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million that contains a municipality in which at least 75 percent of |
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the county's population resides; |
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(3) is a county with a population of 130,000 or more |
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that is adjacent to a county described by Subdivision (2); or |
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(4) is located in a county described by Subdivision |
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(2) or (3) [and that has not adopted airport zoning regulations
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under Chapter 241]. |
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(c) A defense community described by Subsection (a)(2), |
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(3), or (4) may enter into a memorandum of agreement with the |
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military base or defense facility to establish a shorter distance |
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from the boundary line of the military base or defense facility for |
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which notification under Subsection (b) would be required by the |
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defense community. |
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(c-1) After providing notice under Subsection (b), a |
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defense community described by Subsection (a)(2), (3), or (4) shall |
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enter into a memorandum of agreement with the military base or |
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defense facility to establish provisions to maintain the |
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compatibility of the proposed structure with base operations. |
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SECTION 3. This Act takes effect September 1, 2015. |