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AN ACT
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relating to the notification requirements regarding certain land |
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use regulations in an area near military facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 397.005, Local Government |
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Code, is amended to read as follows: |
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Sec. 397.005. CONSULTATION WITH OR NOTIFICATION TO DEFENSE |
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BASE AUTHORITIES: PROPOSED ORDINANCE, RULE, OR PLAN. |
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SECTION 2. 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 in an area located within eight miles of the boundary |
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line of a defense base [or the military exercise or training
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activities connected to the base] shall notify [seek comments and
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analysis from] the defense base authorities concerning the |
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compatibility of the proposed ordinance, rule, or plan with base |
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operations. |
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SECTION 3. The heading to Section 397.006, Local Government |
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Code, is amended to read as follows: |
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Sec. 397.006. CONSULTATION WITH OR NOTIFICATION TO DEFENSE |
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BASE AUTHORITIES: PROPOSED STRUCTURE. |
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SECTION 4. Section 397.006(b), Local Government Code, is |
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amended to read as follows: |
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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 defense base [or the
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military exercise or training activities connected to the base], |
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the defense community reviewing the application shall notify [seek
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comments and analysis from] the defense base authorities concerning |
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the compatibility of the proposed structure with base operations. |
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SECTION 5. Sections 397.005(c) and 397.006(c), Local |
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Government Code, are repealed. |
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SECTION 6. (a) The changes in law made by this Act apply |
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only to an ordinance, rule, or plan proposed to be adopted or |
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amended under Section 397.005(b), Local Government Code, as amended |
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by this Act, or an application for a permit for a proposed structure |
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received under Section 397.006(b), Local Government Code, as |
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amended by this Act, on or after the 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 under Section 397.005(b), Local Government Code, or an |
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application for a permit for a proposed structure received under |
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Section 397.006(b), Local Government Code, before the effective |
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date of this Act is governed by the law on the date the ordinance, |
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rule, or plan was proposed to be adopted or amended or the permit |
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application was received, and the former law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1665 was passed by the House on April |
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26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1665 was passed by the Senate on May |
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29, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |