H.B. No. 2919

	AN ACT
	relating to the regulation of land use and the creation of regional
	military sustainability commissions to ensure compatible
	development with military installations in certain areas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 397.005, Local Government Code, is
	amended to read as follows:
	Sec. 397.005.  CONSULTATION WITH DEFENSE BASE AUTHORITIES:
	PROPOSED ORDINANCE, RULE, OR PLAN. (a) This subsection applies to
	a defense community other than a defense community described by
	Subsection (b). If a defense community determines that an
	ordinance, rule, or plan proposed by the community may impact a
	defense base or the military exercise or training activities
	connected to the base, the defense community shall seek comments
	and analysis from the defense base authorities concerning the
	compatibility of the proposed ordinance, rule, or plan with base
	operations. The defense community shall consider and analyze the
	comments and analysis before making a final determination relating
	to the proposed ordinance, rule, or plan.
	(b)  This subsection applies only to a defense community that
	includes a municipality with a population of more than 110,000
	located in a county with a population of less than 135,000 and that
	has not adopted airport zoning regulations under Chapter 241.  A
	defense community that proposes to adopt or amend an ordinance,
	rule, or plan in an area located within eight miles of the boundary
	line of a defense base or the military exercise or training
	activities connected to the base shall seek comments and analysis
	from the defense base authorities concerning the compatibility of
	the proposed ordinance, rule, or plan with base operations.
	(c)  A defense community described by Subsection (b) shall
	consider and analyze any comments and analysis received from the
	defense base authorities under Subsection (b) before making a final
	determination relating to the proposed ordinance, rule, or plan.
	The defense community described by Subsection (b) may not make a
	final determination under this subsection until the 31st day after
	the date comments and analysis are requested under Subsection (b).
	SECTION 2.  Chapter 397, Local Government Code, is amended
	by adding Section 397.006 to read as follows:
	Sec. 397.006.  CONSULTATION WITH DEFENSE BASE AUTHORITIES:
	PROPOSED STRUCTURE. (a)  This section applies only to a defense
	community that includes a municipality with a population of more
	than 110,000 located in a county with a population of less than
	135,000 and that has not adopted airport zoning regulations under
	Chapter 241.
	(b)  On receipt of an application for a permit as described
	by Section 245.001 for a proposed structure in an area located
	within eight miles of the boundary line of a defense base or the
	military exercise or training activities connected to the base, the
	defense community reviewing the application shall seek comments and
	analysis from the defense base authorities concerning the
	compatibility of the proposed structure with base operations.
	(c)  The defense community shall consider and analyze any
	comments and analysis received from the defense base authorities
	under Subsection (b) before making a final determination relating
	to approval of the permit for the proposed structure. The defense
	community may not make a final determination under this subsection
	until the earlier of the date comments and analysis are received
	from the defense base authorities or the fifth business day after
	the date comments and analysis are requested under Subsection (b).
	In this subsection, "business day" means any day other than a
	Saturday, Sunday, or state or federal holiday.
	(d)  This section does not apply if a defense community is
	required to take immediate action on an application to protect the
	public health, safety, or welfare of residents of the defense
	community.
	SECTION 3.  Subtitle C, Title 12, Local Government Code, is
	amended by adding Chapter 397A to read as follows:
	CHAPTER 397A. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS
	RELATING TO CERTAIN MILITARY INSTALLATIONS
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 397A.001.  LEGISLATIVE FINDINGS; PURPOSE. (a)  The
	legislature finds that:
	(1)  the areas that surround military installations
	will be frequented for military, national security, and
	international training purposes by residents from many parts of the
	state, nation, and world;
	(2)  compatible development and use of those areas is
	of concern to the state and nation; and
	(3)  without adequate regulation, the areas will tend
	to become incompatible with military missions and will be used in
	ways that interfere with:
	(A)  the proper continued use of those areas as
	secure locations for military installations and missions; and
	(B)  the effective operation of the military
	installations and missions.
	(b)  The powers granted under this chapter are for the
	purposes of:
	(1)  promoting the public health, safety, and general
	welfare;
	(2)  protecting and preserving places and areas of
	military and national security importance and significance;
	(3)  protecting critical military missions and
	operations related to those missions; and
	(4)  ensuring state and national security.
	(c)  This chapter may not be interpreted to grant regulatory
	powers to administer Chapter 245 or to amend a protection or benefit
	provided by Chapter 245.
	[Sections 397A.002-397A.050 reserved for expansion]
	SUBCHAPTER B.  REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN
	POPULOUS AREAS
	Sec. 397A.051.  APPLICABILITY. (a)  A regulation or
	compatible development standard adopted under this subchapter does
	not apply to:
	(1)  a tract of land used for a single-family residence
	that is located outside the boundaries of a platted subdivision;
	(2)  a tract of land in agricultural use;
	(3)  an activity or a structure or appurtenance on a
	tract of land in agricultural use; or
	(4)  an area designated as part of the commission's
	territory under Section 397A.052 that is subject to the
	jurisdiction of a regulatory agency as defined by Section 245.001,
	and that, on the effective date of the Act adding this chapter, is:
	(A)  within the boundaries of a project as defined
	by Section 245.001 and any revision to the project that has accrued
	rights under Chapter 245;
	(B)  the subject of a permit as defined by Section
	245.001 issued by or a permit application filed with a regulatory
	agency as defined by Section 245.001; or
	(C)  subject to a plan for development or plat
	application filed with a regulatory agency as defined by Section
	245.001.
	(b)  In this section:
	(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 government program or normal crop or
	livestock rotation procedure; or
	(E)  engaging in wildlife management.
	(c)  A term used in this subchapter that is defined or used in
	Chapter 245 has the meaning assigned by Chapter 245.
	Sec. 397A.052.  CREATION OF REGIONAL MILITARY
	SUSTAINABILITY COMMISSION. (a)  A county with unincorporated area
	located within five miles of the boundary line of a military
	installation, and a municipality with a population of 1.1 million
	or more and with extraterritorial jurisdiction located within five
	miles of the boundary line of a military installation, each of
	which, with respect to the same military installation, constitutes
	a defense community as defined by Section 397.001, may agree by
	order, ordinance, or other means to establish and fund a regional
	military sustainability commission under this subchapter in an area
	that is located:
	(1)  in the same county as the active military
	installation; and
	(2)  in the extraterritorial jurisdiction of the
	municipality.
	(b)  Defense communities may not establish more than one
	commission in a county.
	(c)  Except as provided by Subsection (d), a commission's
	territory consists of the unincorporated area located within two
	miles of the boundary line of a military installation designated as
	the commission's territory when the commission is established.
	(d)  If a military installation is engaged in flight training
	at the time a commission is established under this section, the
	commission's territory consists of the unincorporated area located
	within three miles of the boundary line of the military
	installation.
	(e)  This subchapter shall be narrowly construed in
	conformity with the findings and purposes under Section 397A.001.
	Sec. 397A.053.  HEARING ON CREATION OF COMMISSION. (a)  Not
	earlier than the 60th day or later than the 30th day before the date
	the governing body of each participating governmental entity
	establishes a regional military sustainability commission, each
	governing body shall hold two public hearings to consider the
	creation of the proposed commission. Each governing body must, at
	least seven days before each public hearing, prominently post
	notice of the hearing in the administrative offices of the
	governmental entity and publish notice of the hearing in a
	newspaper of general circulation, if any, in the proposed
	territory.
	(b)  The notice required by Subsection (a) must:
	(1)  state the date, time, and place for the public
	hearing;
	(2)  identify the boundaries of the proposed territory,
	including a map of the proposed territory; and
	(3)  provide a description of the proposed commission's
	functions.
	Sec. 397A.054.  MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
	COMMISSION. (a)  The regional military sustainability commission
	is composed of not more than nine members.
	(b)  Participating governmental entities may by joint
	agreement determine the number, qualifications, and method of
	selecting members of a commission.
	(c)  A member of a commission may not be an elected official
	of a participating county or municipality.
	Sec. 397A.055.  COMMISSION REVIEW OF NEW PROJECTS. (a)  In
	this section, "new project" means a project, as that term is defined
	by Section 245.001, for which an application for a permit that will
	establish a vesting date under Chapter 245 has not been submitted to
	a regulatory agency before the effective date of the Act adding this
	chapter.  The term does not include a revision to a project
	commenced before the effective date of the Act adding this chapter.
	(b)  A regional military sustainability commission shall
	establish an advisory committee and appoint six members to the
	committee. Three of the members appointed to the committee must
	represent the military installation for which the commission is
	established and three members must represent landowners in the area
	surrounding the military installation. The committee shall advise
	the commission on protecting the critical military missions of the
	military installation with regard to development.
	(c)  On receipt of an application for a permit for a new
	project in the commission's territory, the governing body of the
	participating governmental entity shall review the application and
	request a report from the commission regarding the proposed
	project. The commission, with the advice of the advisory
	committee, shall review the compatibility of the new project with
	the military installation's military missions and related
	operations based on the commission's compatible development
	standards. The commission shall submit a report of its findings,
	including a recommendation regarding compatibility, to the
	reviewing governmental entity not later than the 30th calendar day
	after the date the request was made. The report must include an
	estimate of the fiscal impact on the affected property of any
	recommendations submitted by the commission, if the fiscal impact
	is determinable based on the project description and other
	information provided by the developer.
	(d)  The reviewing governmental entity may not take action on
	the permit application until it receives the report of the
	commission. If the commission finds that the proposed new project
	is not compatible with the military installation's missions and
	recommends denial of the permit application, the reviewing
	governmental entity may disapprove the permit application.
	(e)  On annexation of an area in the commission's territory
	for full or limited purposes by a municipality, the area is removed
	from the commission's territory. If the municipality disannexes
	the area, the area is included in the commission's territory.
	Sec. 397A.056.  REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
	(a)  Before exercising the duties described by Section 397A.055, a
	regional military sustainability commission shall recommend
	compatible development standards for the territory. The commission
	must consider, as part of the regional compatible development
	standards, standards required by the Federal Aviation
	Administration regulations for military installations that service
	aircraft and helicopters. The commission shall submit the proposed
	compatible development standards to the participating governmental
	entities for approval.
	(b)  Before taking action to approve or reject the compatible
	development standards proposed by the commission, the
	participating governmental entities shall:
	(1)  provide notice of the commission's proposed
	compatible development standards to property owners in the
	commission's territory, as determined by the most recent county tax
	roll; and
	(2)  publish notice of the commission's proposed
	compatible development standards in a newspaper of general
	circulation, if any, in the commission's territory.
	(c)  The failure of notice to reach each property owner under
	Subsection (b) does not invalidate compatible development
	standards adopted under this section.
	(d)  The compatible development standards are final after
	approval by a majority vote of each participating governmental
	entity. Notice of the final compatible development standards must
	be provided to all appropriate taxing entities for filing in the
	real property records of the county.
	(e)  The commission may include in the proposed compatible
	development standards a recommendation to a participating
	governmental entity to purchase property in the commission's
	territory as practical to protect a critical military mission.
	(f)  The commission may recommend amendments to approved
	compatible development standards. The participating governmental
	entities may approve the commission's proposed standards under
	procedures adopted by the entities.
	Sec. 397A.057.  COORDINATION WITH OTHER PLANS AND STUDIES.
	The compatible development standards and regulations adopted under
	this subchapter must be coordinated with:
	(1)  the county plan for growth and development of the
	participating county or a county located in the regional military
	sustainability commission's territory;
	(2)  the comprehensive plan of the participating
	municipality; and
	(3)  the most recent Joint Land Use Study, if the
	commission makes a finding that the conclusions of the study
	accurately reflect circumstances in the territory.
	Sec. 397A.058.  CONFLICT WITH OTHER LAWS. Except with
	respect to Chapter 245, if a regulation adopted under this
	subchapter conflicts with a standard imposed under another statute
	or local order or regulation, the more stringent standard controls.
	Sec. 397A.059.  FUNDS. (a)  A participating governmental
	entity may appropriate funds to the commission for the costs and
	expenses required in the performance of the commission's purposes.
	(b)  A commission may apply for, contract for, receive, and
	expend for its purposes a grant or funds from a participating
	governmental entity, the state, the federal government, or any
	other source.
	Sec. 397A.060.  WITHDRAWAL FROM COMMISSION. A participating
	governmental entity may withdraw from a regional military
	sustainability commission:
	(1)  by a two-thirds vote of its governing body; and
	(2)  after providing notice to the relevant military
	installation commander not later than the 45th day before the date
	of the vote under Subdivision (1).
	Sec. 397A.061.  EXPIRATION AFTER MILITARY INSTALLATION
	CLOSURE. A regional military sustainability commission that has
	territory around a military installation that is closed by the
	federal government and the regional compatible development
	standards for the commission's territory may continue in effect
	until the fourth anniversary of the date the military installation
	is closed.
	Sec. 397A.062.  JUDICIAL REVIEW OF COMMISSION OR
	GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
	of this subchapter, a landowner aggrieved by a report submitted by
	the regional military sustainability commission or by a permit
	application decision of the participating governmental entity
	under this subchapter may appeal all or part of the report or permit
	application decision to a district court. The court may reverse or
	modify, wholly or partly, the report submitted by the commission or
	the permit application decision that is appealed.
	[Sections 397A.063-397A.100 reserved for expansion]
	SUBCHAPTER C. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN LESS
	POPULOUS AREAS
	Sec. 397A.101.  APPLICABILITY. (a)  A regulation or
	compatible development standard adopted under this subchapter does
	not apply to:
	(1)  an area located in a county with a population of
	less than 5,000 that is adjacent to an international border;
	(2)  a tract of land used for a single-family residence
	that is located outside the boundaries of a platted subdivision;
	(3)  a tract of land in agricultural use;
	(4)  an activity or a structure or appurtenance on a
	tract of land in agricultural use; or
	(5)  any activity or a project, as that term is defined
	by Section 245.001, that is:
	(A)  occurring or in existence on the effective
	date of the Act adding this chapter; or
	(B)  receiving the benefits of or protected under
	Chapter 245.
	(b)  In this section, "agricultural use" and "agriculture"
	have the meanings assigned by Section 397A.051.
	Sec. 397A.102.  CREATION OF REGIONAL MILITARY
	SUSTAINABILITY COMMISSION. (a)  A county with a population of
	60,000 or less and a municipality that, with respect to the same
	active military installation, constitutes a defense community, as
	defined by Section 397.001, may agree by order, ordinance, or other
	means to establish and fund a regional military sustainability
	commission under this subchapter in an area that is located:
	(1)  in the same county as the active military
	installation; and
	(2)  in the extraterritorial jurisdiction of the
	municipality.
	(b)  Defense communities may not establish more than one
	commission in a county.
	(c)  A commission's territory consists of the unincorporated
	area located within five miles of the boundary line of a military
	installation designated as the commission's territory when the
	commission is established.
	(d)  This subchapter shall be narrowly construed in
	conformity with the findings and purposes under Section 397A.001.
	Sec. 397A.103.  HEARING ON CREATION OF COMMISSION. (a)  Not
	earlier than the 60th day or later than the 30th day before the date
	the governing body of each participating governmental entity
	establishes a regional military sustainability commission, each
	governing body shall hold two public hearings to consider the
	creation of the proposed commission. Each governing body must, at
	least seven days before each public hearing, prominently post
	notice of the hearing in the administrative offices of the
	governmental entity and publish notice of the hearing in a
	newspaper of general circulation, if any, in the proposed
	territory.
	(b)  The notice required by Subsection (a) must:
	(1)  state the date, time, and place for the public
	hearing;
	(2)  identify the boundaries of the proposed territory,
	including a map of the proposed territory; and
	(3)  provide a description of the proposed commission's
	functions.
	Sec. 397A.104.  MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
	COMMISSION. (a)  The regional military sustainability commission
	is composed of not more than nine members.
	(b)  Participating governmental entities may by joint
	agreement determine the number, qualifications, and method of
	selecting members of a commission.
	(c)  A member of a commission may not be an elected official
	of a participating county or municipality.
	Sec. 397A.105.  COMMISSION REVIEW OF NEW PROJECTS. (a)  In
	this section, "new project" means a project, as that term is defined
	by Section 245.001, for which an application for a permit that will
	establish a vesting date under Chapter 245 has not been submitted to
	a regulatory agency before the effective date of the Act adding this
	chapter, including a water contract, sewer contract, or master
	plan.
	(b)  A regional military sustainability commission shall
	establish an advisory committee and appoint six members to the
	committee. Three of the members appointed to the committee must
	represent the military installation for which the commission is
	established and three members must represent landowners in the area
	surrounding the military installation. The committee shall advise
	the commission on protecting the critical military missions of the
	military installation with regard to development.
	(c)  On receipt of an application for a permit for a new
	project in the commission's territory, the governing body of the
	participating governmental entity shall review the application and
	request a report from the commission regarding the proposed
	project. The commission, with the advice of the advisory
	committee, shall review the compatibility of the new project with
	the military installation's military missions and related
	operations based on the commission's compatible development
	standards. The commission shall submit a report of its findings,
	including a recommendation regarding compatibility, to the
	reviewing governmental entity not later than the 15th calendar day
	after the date the request was made. The report must include an
	estimate of the fiscal impact on the affected property of any
	recommendations submitted by the commission as part of the report.
	(d)  The reviewing governmental entity may not take action on
	the permit application until it receives the report of the
	commission. If the commission finds that the proposed new project
	is not compatible with the military installation's missions and
	recommends denial of the permit application, the reviewing
	governmental entity may disapprove the permit application.
	(e)  On annexation of an area in the commission's territory
	for full or limited purposes by a municipality, the area is removed
	from the commission's territory. If the municipality disannexes
	the area, the area is included in the commission's territory.
	Sec. 397A.106.  REGIONAL COMPATIBLE DEVELOPMENT STANDARDS.
	(a)  Before exercising the duties described by Section 397A.105, a
	regional military sustainability commission shall recommend
	compatible development standards for the territory. The commission
	must consider, as part of the regional compatible development
	standards, the Federal Aviation Administration regulations
	regarding height restrictions surrounding a military installation
	that services aircraft and helicopters. The commission shall
	submit the proposed compatible development standards to the
	participating governmental entities for approval.
	(b)  Before taking action to approve or reject the compatible
	development standards proposed by the commission, the
	participating governmental entities shall:
	(1)  provide notice of the commission's proposed
	compatible development standards to property owners in the
	commission's territory, as determined by the most recent county tax
	roll; and
	(2)  publish notice of the commission's proposed
	compatible development standards in a newspaper of general
	circulation, if any, in the commission's territory.
	(c)  The failure of notice to reach each property owner under
	Subsection (b) does not invalidate compatible development
	standards adopted under this section.
	(d)  The compatible development standards are final after
	approval by a majority vote of each participating governmental
	entity. Notice of the final compatible development standards must
	be provided to all appropriate taxing entities for filing in the
	real property records of the county.
	(e)  The commission may include in the proposed compatible
	development standards a recommendation to a participating
	governmental entity to purchase property in the commission's
	territory as practical to protect a critical military mission.
	(f)  The commission may recommend amendments to approved
	compatible development standards. The participating governmental
	entities may approve the commission's proposed standards under
	procedures adopted by the entities.
	Sec. 397A.107.  COORDINATION WITH OTHER PLANS AND STUDIES.
	The compatible development standards and regulations adopted under
	this subchapter must be coordinated with:
	(1)  the county plan for growth and development of the
	participating county or a county located in the regional military
	sustainability commission's territory;
	(2)  the comprehensive plan of the participating
	municipality; and
	(3)  the most recent Joint Land Use Study, if the
	commission makes a finding that the conclusions of the study
	accurately reflect circumstances in the territory.
	Sec. 397A.108.  CONFLICT WITH OTHER LAWS. Except with
	respect to Chapter 245, if a regulation adopted under this
	subchapter conflicts with a standard imposed under another statute
	or local order or regulation, the more stringent standard controls.
	Sec. 397A.109.  FUNDS. (a)  A participating governmental
	entity may appropriate funds to the commission for the costs and
	expenses required in the performance of the commission's purposes.
	(b)  A commission may apply for, contract for, receive, and
	expend for its purposes a grant or funds from a participating
	governmental entity, the state, the federal government, or any
	other source.
	Sec. 397A.110.  WITHDRAWAL FROM COMMISSION. A participating
	governmental entity may withdraw from a regional military
	sustainability commission:
	(1)  by a two-thirds vote of its governing body; and
	(2)  after providing notice to the relevant military
	installation commander not later than the 45th day before the date
	of the vote under Subdivision (1).
	Sec. 397A.111.  EXPIRATION AFTER MILITARY INSTALLATION
	CLOSURE. A regional military sustainability commission that has
	territory around a military installation that is closed by the
	federal government and the regional compatible development
	standards for the commission's territory may continue in effect
	until the fourth anniversary of the date the military installation
	is closed.
	Sec. 397A.112.  JUDICIAL REVIEW OF COMMISSION OR
	GOVERNMENTAL ENTITY DECISION. Notwithstanding any other provision
	of this subchapter, a landowner aggrieved by a report submitted by
	the regional military sustainability commission or by a permit
	application decision of the participating governmental entity
	under this subchapter may appeal all or part of the report or permit
	application decision to a district court, county court, or county
	court at law. The court may reverse or modify, wholly or partly,
	the report submitted by the commission or the permit application
	decision that is appealed.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2919 was passed by the House on May
	14, 2009, by the following vote:  Yeas 135, Nays 0, 1 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 2919 on May 29, 2009, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 2919 on May 31, 2009, by the following vote:  Yeas 134,
	Nays 5, 1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2919 was passed by the Senate, with
	amendments, on May 26, 2009, by the following vote:  Yeas 29, Nays
	2; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	2919 on May 31, 2009, by the following vote:  Yeas 29, Nays 2.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor