85S10899 TJB-F

By: Menéndez S.B. No. 115

A BILL TO BE ENTITLED

AN ACT

relating to granting certain local governments general zoning authority around federal military installations; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 7, Local Government Code, is amended by adding Chapter 247 to read as follows:

CHAPTER 247. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND FEDERAL

MILITARY INSTALLATIONS

Sec. 247.001. DEFINITIONS. In this chapter:

(1) "Agricultural use" means use or activity involving agriculture.

(2) "Agriculture" means:

(A) cultivating the soil to produce crops for human food, animal feed, seed for planting, or the production of fibers;

(B) practicing floriculture, viticulture, silviculture, or horticulture;

(C) raising, feeding, or keeping animals for breeding purposes or for the production of food, fiber, leather, pelts, or other tangible products having commercial value;

(D) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in a governmental program or normal crop or livestock rotation procedure; or

(E) engaging in wildlife management, including the management and control of hunting, fishing, bird-watching, sightseeing, and other outdoor recreational activities.

(3) "Federal military installation" means a federally owned or operated military installation or facility.

Sec. 247.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The legislature finds that:

(1) the area that surrounds a federal military installation will be frequented for military and national security purposes by residents from many parts of the state and nation;

(2) a federal military installation is essential to the economic viability of the surrounding local community, the state, and the nation;

(3) orderly development and use of the area is of concern to the entire state;

(4) without adequate regulations, the area will tend to become congested and to be used in ways that interfere with the proper use of the area as a secure location for the continuation of a military establishment; and

(5) it is imperative for the local community to protect the viability of current and future missions at a federal military installation located in the community by ensuring compatible land uses are developed within the area that surrounds an installation.

(b) The powers granted under this chapter are for the purposes of:

(1) promoting the public health, safety, peace, morals, and general welfare;

(2) protecting and preserving places and areas of military and national security importance and significance; and

(3) encouraging state and national security.

Sec. 247.003. AREAS SUBJECT TO REGULATION. This chapter applies only to the area that extends not more than five miles from the boundaries of a federal military installation.

Sec. 247.004. ZONING REGULATIONS GENERALLY. (a) The governing bodies of a municipality and the county in a regulated area through a joint military installation zoning board established under Section 247.005 may regulate:

(1) the height, number of stories, and size of buildings and other structures;

(2) the percentage of a lot that may be occupied;

(3) the size of yards, courts, and other open spaces;

(4) population density;

(5) the location and use of buildings, other structures, and land for business, industrial, residential, or other purposes; and

(6) the placement of water and sewage facilities, landfills, parks, and other required public facilities.

(b) A regulation adopted under this chapter does not apply to:

(1) a tract of land devoted to agricultural use; or

(2) a structure on a developed tract of land that existed on December 1, 2017.

(c) The governing bodies of a municipality and the county in the regulated area shall prepare a written takings impact assessment in the manner provided by Section 2007.043, Government Code, of a proposed regulation under this chapter.

Sec. 247.005. JOINT MILITARY INSTALLATION ZONING BOARD. (a) To exercise the authority granted under this chapter, the governing bodies of a municipality and the county in the regulated area shall appoint a joint military installation zoning board to assist in the implementation and enforcement of regulations adopted under this chapter.

(b) The membership of the board is composed of:

(1) two members appointed by the county judge of the county;

(2) two members appointed by the presiding officer of the governing body of the municipality;

(3) one member who owns less than 500 acres of land in the regulated area appointed jointly by the county judge of the county and the presiding officer of the governing body of the municipality;

(4) one member who owns at least 500 acres in the regulated area appointed jointly by the county judge of the county and the presiding officer of the governing body of the municipality; and

(5) one member appointed jointly by the members appointed under Subdivisions (1) through (4), who serves as the presiding officer of the board.

(c) The board shall perform the duties assigned under this chapter and other duties as requested by the governing bodies to implement this chapter.

Sec. 247.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES. (a) A regulation adopted under this chapter is not effective until it is adopted by the governing bodies of a municipality and the county in the regulated area after a joint public hearing. Not later than the 15th day before the date of the hearing, the governing bodies of the municipality and the county must publish notice in English and in Spanish of the hearing in a newspaper of general circulation in the county.

(b) The governing bodies of a municipality and the county in the regulated area may prohibit or restrict development in the area based on recommendations issued in a resolution adopted by the joint military installation zoning board. The board's recommendations must be based on the most recent Joint Land Use Study and, if applicable, the most recent Air Installation Compatible Use Zone Study. The board's recommendations may not be inconsistent with the provisions of any memorandum of agreement executed by the municipality or county and the federal military installation under Section 397.005 or 397.006.

(c) The governing bodies of a municipality and the county in the regulated area may amend regulations adopted under this chapter:

(1) based on amended recommendations issued in a resolution adopted by the joint military installation zoning board as the study or studies, as applicable, are periodically updated; and

(2) if each governing body makes findings that the conclusions of the study or studies, as applicable, on which each governing body is basing its findings accurately reflect development circumstances in the subject area.

(d) The governing bodies of a municipality and the county in the regulated area may adopt or amend a regulation only by an order passed by a majority vote of the full membership of each governing body.

Sec. 247.007. COMPLIANCE WITH STUDIES AND PLANS. A proposed regulation under this chapter must be:

(1) adopted in accordance with the most recent Joint Land Use Study and, if applicable, the most recent Air Installation Compatible Use Zone Study for growth and development surrounding the federal military installation;

(2) consistent with the provisions of any memorandum of agreement executed by the municipality or county and the federal military installation under Section 397.005 or 397.006;

(3) adopted in accordance with the county plan for growth and development of the county; and

(4) coordinated with the comprehensive plan of the municipality.

Sec. 247.008. DISTRICTS. (a) The joint military installation zoning board may divide the area regulated under this chapter into districts of a number, shape, and size the board considers best for carrying out this chapter.

(b) Regulations adopted under this chapter may vary from district to district.

Sec. 247.009. SPECIAL EXCEPTION. (a) A person aggrieved by a regulation adopted under this chapter may petition the governing bodies of a municipality and the county in the regulated area for a special exception to the regulation. The grant of a special exception requires a majority vote of the full membership of each governing body.

(b) The governing bodies of a municipality and the county in the regulated area shall adopt procedures governing applications, notice, hearings, and other matters relating to the grant of a special exception.

Sec. 247.010. ENFORCEMENT; PENALTY. (a) The governing bodies of a municipality and the county in the regulated area shall adopt ordinances, orders, or regulations, as applicable, to enforce this chapter.

(b) A person commits an offense if the person violates this chapter or an ordinance, order, or regulation adopted under this chapter. An offense under this subsection is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day that a violation occurs constitutes a separate offense. Trial shall be in the district court.

Sec. 247.011. COOPERATION AMONG LOCAL ENTITIES. The governing bodies of a municipality and the county in the regulated area and the joint military installation zoning board may enter into an agreement to cooperate in the drafting, implementation, and enforcement of regulations adopted under this chapter.

SECTION 2. This Act takes effect December 1, 2017.