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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulatory authority of certain counties to protect |
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the operations of military installations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 231, Local Government Code, is amended |
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by adding Subchapter N to read as follows: |
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SUBCHAPTER N. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES WITH |
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WATERSHEDS THAT INCLUDE MILITARY INSTALLATIONS |
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Sec. 231.301. LEGISLATIVE FINDINGS. The legislature finds |
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that: |
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(1) the ability of the military to train and prepare |
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for future military operations at Joint Base San Antonio-Camp |
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Bullis is of vital concern to the entire state; |
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(2) the economy of the entire state is affected by the |
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ability of the military to train and prepare for future military |
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operations at Joint Base San Antonio-Camp Bullis; |
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(3) the orderly development of the unincorporated |
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areas of a county located in the watershed of Joint Base San |
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Antonio-Camp Bullis will protect the ability of the installation to |
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operate as a military installation; and |
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(4) without adequate county development regulations, |
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the unincorporated areas will be developed in ways that endanger |
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and interfere with the ability of Joint Base San Antonio-Camp |
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Bullis to operate as a military installation. |
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Sec. 231.302. LAND DEVELOPMENT REGULATIONS IN |
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UNINCORPORATED AREA. The commissioners court of a county that has |
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unincorporated area located in the watershed of Joint Base San |
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Antonio-Camp Bullis by order may adopt for that area: |
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(1) lot size restrictions and well spacing |
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requirements consistent with: |
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(A) requirements of a groundwater conservation |
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district that are applicable to the area; or |
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(B) best management practices to mitigate |
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flooding and stormwater impacts and preserve water quality; |
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(2) a requirement that: |
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(A) the primary supplier of water to a proposed |
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subdivision be contractually obligated to provide a sufficient |
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supply of water for a period of at least 50 years; and |
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(B) a secondary supplier of water be |
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contractually obligated to adequately serve the residents of the |
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subdivision during normal and drought conditions to prevent the |
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depletion of water supplies to military installations; |
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(3) reasonable design standards for roadways to employ |
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best management practices for managing flood waters and protecting |
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public safety and operations at the military installation; |
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(4) requirements for a minimum amount of open space or |
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a limitation on the amount of impervious cover for recharge and |
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runoff purposes; |
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(5) requirements for local floodplain zones or other |
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measures to preserve floodways and riparian corridors to minimize |
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conflicts between incompatible land uses within the watersheds that |
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jeopardize military operations; and |
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(6) other regulations necessary to regulate and manage |
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land development if deemed critical to military operations. |
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Sec. 231.303. SPECIAL EXCEPTION. (a) A person aggrieved by |
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a development regulation adopted under this subchapter may appeal |
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to the commissioners court of the county that adopted the |
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regulation for a special exception. |
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(b) A person appealing under Subsection (a) must comply with |
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applicable procedural requirements prescribed by the county before |
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the county may grant a special exception. |
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(c) The commissioners court of each county that adopts |
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development regulations under this subchapter shall adopt |
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procedures governing special exception applications, notice, |
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hearings, and other requirements. |
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Sec. 231.304. COOPERATION WITH OTHER POLITICAL |
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SUBDIVISIONS. The commissioners court of a county authorized to |
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adopt development regulations under this subchapter may enter into |
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an agreement with a municipality or other governmental entity |
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located in the county to assist in the implementation and |
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enforcement of the regulations. |
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Sec. 231.305. LOT SIZE RESTRICTIONS IN CERTAIN AREAS. A |
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county must adopt and impose a lot size restriction under this |
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subchapter in accordance with any desired future conditions adopted |
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under Chapter 36, Water Code, by a groundwater conservation |
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district in which the subdivision is wholly or partly located for an |
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area: |
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(1) designed as a priority groundwater management |
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area; and |
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(2) that is served by a public water supply system that |
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uses water from the Trinity Aquifer. |
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SECTION 2. This Act takes effect September 1, 2023. |