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A BILL TO BE ENTITLED
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AN ACT
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relating to the notification requirements regarding certain |
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proposed regulations and structures in an area near a military |
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facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 397.005(b), Local Government Code, is |
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amended to read as follows: |
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(b) This subsection applies only to a defense community that |
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[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 that would be applicable in an area located within |
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eight miles of the boundary line of a military base or defense |
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facility shall notify the base or facility authorities concerning |
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the compatibility of the proposed ordinance, rule, or plan with |
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base operations. The defense community may enter into a memorandum |
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of agreement with the military base or defense facility to |
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establish a smaller area for which notification is required under |
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this subsection. After providing notice required by this |
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subsection, the defense community shall enter into a memorandum of |
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agreement with the military base or defense facility to establish |
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provisions to maintain the compatibility of the proposed ordinance, |
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rule, or plan with base operations. |
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SECTION 2. Section 397.006, Local Government Code, is |
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amended to read as follows: |
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Sec. 397.006. CONSULTATION WITH OR NOTIFICATION TO MILITARY |
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BASE OR DEFENSE FACILITY AUTHORITIES: PROPOSED STRUCTURE. |
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(a) This section [Subsection (b)] applies only to a defense |
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community that [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 and that] has not adopted airport zoning regulations under |
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Chapter 241. |
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(b) On receipt of an application for a permit as described |
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by Section 245.001 for a proposed structure in an area located |
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within eight miles of the boundary line of a military base or |
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defense facility, the defense community reviewing the application |
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shall notify the base or facility authorities concerning the |
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compatibility of the proposed structure with base operations. |
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(c) [On receipt of an application for a permit as defined by
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Section 245.001 for a proposed structure that would be located in a
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controlled compatible land use area as defined by Section 241.003
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and may impact base operations, a defense community shall notify
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the base or facility authorities concerning the compatibility of
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the proposed structure 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)
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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[(2)
is a county with a population of 130,000 or more
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that is adjacent to a county described by Subdivision (1);
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[(3)
is located in a county described by Subdivision
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(1) or (2); or
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[(4)
is or includes a municipality that is located in a
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county with a population of more than 130,000 that borders the Red
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River.
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[(c-1)] A defense community [described by Subsection (c)] may |
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enter into a memorandum of agreement with the military base or |
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defense facility to establish a smaller area [in the controlled
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compatible land use area] for which notification is [under
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Subsection (c) would be] required under Subsection (b) [by the
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defense community]. |
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(d) [(c-2)] After providing notice under Subsection (b) |
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[(c)], a defense community shall enter into a memorandum of |
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agreement with the military base or defense facility to establish |
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provisions to maintain the compatibility of the proposed structure |
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with base operations. |
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(e) [(d)] This section does not apply if a defense community |
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is required to take immediate action on an application to protect |
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the public health, safety, or welfare of residents of the defense |
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community. |
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SECTION 3. Sections 397.005(c), (d), and (e), Local |
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Government Code, are repealed. |
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SECTION 4. (a) Sections 397.005 and 397.006, Local |
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Government Code, as amended by this Act, apply only to an ordinance, |
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rule, or plan proposed to be adopted or amended or an application |
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for a permit for a proposed structure received on or after the |
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effective date of this Act. |
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(b) An ordinance, rule, or plan proposed to be adopted or |
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amended or an application for a permit for a proposed structure |
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received before the effective date of this Act is governed by the |
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law on the date the ordinance, rule, or plan was proposed to be |
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adopted or amended or the permit application was received, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |