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A BILL TO BE ENTITLED
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AN ACT
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relating to granting certain local governments general zoning |
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authority around federal military installations; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND FEDERAL |
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MILITARY INSTALLATIONS |
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Sec. 247.001. DEFINITIONS. In this chapter: |
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(1) "Agricultural use" means use or activity involving |
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agriculture. |
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(2) "Agriculture" means: |
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(A) cultivating the soil to produce crops for |
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human food, animal feed, seed for planting, or the production of |
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fibers; |
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(B) practicing floriculture, viticulture, |
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silviculture, or horticulture; |
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(C) raising, feeding, or keeping animals for |
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breeding purposes or for the production of food, fiber, leather, |
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pelts, or other tangible products having commercial value; |
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(D) planting cover crops, including cover crops |
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cultivated for transplantation, or leaving land idle for the |
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purpose of participating in a governmental program or normal crop |
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or livestock rotation procedure; or |
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(E) engaging in wildlife management, including |
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the management and control of hunting, fishing, bird-watching, |
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sightseeing, and other outdoor recreational activities. |
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(3) "Federal military installation" means a federally |
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owned or operated military installation or facility. |
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Sec. 247.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) the area that surrounds a federal military |
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installation will be frequented for military and national security |
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purposes by residents from many parts of the state and nation; |
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(2) a federal military installation is essential to |
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the economic viability of the surrounding local community, the |
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state, and the nation; |
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(3) orderly development and use of the area is of |
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concern to the entire state; |
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(4) without adequate regulations, the area will tend |
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to become congested and to be used in ways that interfere with the |
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proper use of the area as a secure location for the continuation of |
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a military establishment; and |
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(5) it is imperative for the local community to |
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protect the viability of current and future missions at a federal |
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military installation located in the community by ensuring |
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compatible land uses are developed within the area that surrounds |
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an installation. |
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(b) The powers granted under this chapter are for the |
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purposes of: |
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(1) promoting the public health, safety, peace, |
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morals, and general welfare; |
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(2) protecting and preserving places and areas of |
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military and national security importance and significance; and |
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(3) encouraging state and national security. |
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Sec. 247.003. AREAS SUBJECT TO REGULATION. This chapter |
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applies only to the area that extends not more than five miles from |
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the boundaries of a federal military installation. |
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Sec. 247.004. ZONING REGULATIONS GENERALLY. (a) The |
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governing bodies of a municipality and the county in a regulated |
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area through a joint military installation zoning board established |
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under Section 247.005 may regulate: |
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(1) the height, number of stories, and size of |
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buildings and other structures; |
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(2) the percentage of a lot that may be occupied; |
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(3) the size of yards, courts, and other open spaces; |
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(4) population density; |
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(5) the location and use of buildings, other |
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structures, and land for business, industrial, residential, or |
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other purposes; and |
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(6) the placement of water and sewage facilities, |
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landfills, parks, and other required public facilities. |
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(b) A regulation adopted under this chapter does not apply |
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to: |
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(1) a tract of land devoted to agricultural use; or |
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(2) a structure on a developed tract of land that |
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existed on December 1, 2017. |
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(c) The governing bodies of a municipality and the county in |
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the regulated area shall prepare a written takings impact |
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assessment in the manner provided by Section 2007.043, Government |
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Code, of a proposed regulation under this chapter. |
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Sec. 247.005. JOINT MILITARY INSTALLATION ZONING BOARD. |
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(a) To exercise the authority granted under this chapter, the |
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governing bodies of a municipality and the county in the regulated |
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area shall appoint a joint military installation zoning board to |
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assist in the implementation and enforcement of regulations adopted |
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under this chapter. |
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(b) The membership of the board is composed of: |
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(1) two members appointed by the county judge of the |
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county; |
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(2) two members appointed by the presiding officer of |
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the governing body of the municipality; |
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(3) one member who owns less than 500 acres of land in |
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the regulated area appointed jointly by the county judge of the |
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county and the presiding officer of the governing body of the |
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municipality; |
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(4) one member who owns at least 500 acres in the |
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regulated area appointed jointly by the county judge of the county |
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and the presiding officer of the governing body of the |
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municipality; and |
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(5) one member appointed jointly by the members |
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appointed under Subdivisions (1) through (4), who serves as the |
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presiding officer of the board. |
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(c) The board shall perform the duties assigned under this |
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chapter and other duties as requested by the governing bodies to |
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implement this chapter. |
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Sec. 247.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS |
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AND DISTRICT BOUNDARIES. (a) A regulation adopted under this |
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chapter is not effective until it is adopted by the governing bodies |
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of a municipality and the county in the regulated area after a joint |
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public hearing. Not later than the 15th day before the date of the |
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hearing, the governing bodies of the municipality and the county |
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must publish notice in English and in Spanish of the hearing in a |
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newspaper of general circulation in the county. |
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(b) The governing bodies of a municipality and the county in |
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the regulated area may prohibit or restrict development in the area |
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based on recommendations issued in a resolution adopted by the |
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joint military installation zoning board. The board's |
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recommendations must be based on the most recent Joint Land Use |
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Study and, if applicable, the most recent Air Installation |
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Compatible Use Zone Study. The board's recommendations may not be |
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inconsistent with the provisions of any memorandum of agreement |
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executed by the municipality or county and the federal military |
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installation under Section 397.005 or 397.006. |
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(c) The governing bodies of a municipality and the county in |
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the regulated area may amend regulations adopted under this |
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chapter: |
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(1) based on amended recommendations issued in a |
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resolution adopted by the joint military installation zoning board |
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as the study or studies, as applicable, are periodically updated; |
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and |
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(2) if each governing body makes findings that the |
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conclusions of the study or studies, as applicable, on which each |
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governing body is basing its findings accurately reflect |
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development circumstances in the subject area. |
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(d) The governing bodies of a municipality and the county in |
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the regulated area may adopt or amend a regulation only by an order |
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passed by a majority vote of the full membership of each governing |
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body. |
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Sec. 247.007. COMPLIANCE WITH STUDIES AND PLANS. A |
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proposed regulation under this chapter must be: |
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(1) adopted in accordance with the most recent Joint |
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Land Use Study and, if applicable, the most recent Air Installation |
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Compatible Use Zone Study for growth and development surrounding |
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the federal military installation; |
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(2) consistent with the provisions of any memorandum |
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of agreement executed by the municipality or county and the federal |
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military installation under Section 397.005 or 397.006; |
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(3) adopted in accordance with the county plan for |
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growth and development of the county; and |
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(4) coordinated with the comprehensive plan of the |
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municipality. |
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Sec. 247.008. DISTRICTS. (a) The joint military |
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installation zoning board may divide the area regulated under this |
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chapter into districts of a number, shape, and size the board |
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considers best for carrying out this chapter. |
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(b) Regulations adopted under this chapter may vary from |
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district to district. |
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Sec. 247.009. SPECIAL EXCEPTION. (a) A person aggrieved by |
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a regulation adopted under this chapter may petition the governing |
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bodies of a municipality and the county in the regulated area for a |
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special exception to the regulation. The grant of a special |
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exception requires a majority vote of the full membership of each |
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governing body. |
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(b) The governing bodies of a municipality and the county in |
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the regulated area shall adopt procedures governing applications, |
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notice, hearings, and other matters relating to the grant of a |
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special exception. |
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Sec. 247.010. ENFORCEMENT; PENALTY. (a) The governing |
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bodies of a municipality and the county in the regulated area shall |
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adopt ordinances, orders, or regulations, as applicable, to enforce |
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this chapter. |
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(b) A person commits an offense if the person violates this |
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chapter or an ordinance, order, or regulation adopted under this |
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chapter. An offense under this subsection is a misdemeanor |
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punishable by a fine of not less than $500 or more than $1,000. Each |
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day that a violation occurs constitutes a separate offense. Trial |
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shall be in the district court. |
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Sec. 247.011. COOPERATION AMONG LOCAL ENTITIES. The |
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governing bodies of a municipality and the county in the regulated |
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area and the joint military installation zoning board may enter |
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into an agreement to cooperate in the drafting, implementation, and |
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enforcement of regulations adopted under this chapter. |
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SECTION 2. This Act takes effect December 1, 2017. |