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AN ACT
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relating to the compatibility of certain defense community |
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regulations and structures with military operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 397.005, Local Government Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) A defense community that proposes to adopt or amend an |
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ordinance, rule, or plan that would be applicable in a controlled |
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compatible land use area as defined by Section 241.003 and that may |
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impact base operations shall notify the base or facility |
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authorities concerning the compatibility of the proposed |
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ordinance, rule, or plan 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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(d) 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 under Subsection |
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(c) would be required by the defense community. |
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(e) After providing notice under Subsection (c), the |
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defense community shall enter into a memorandum of agreement with |
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the military base or defense facility to establish provisions to |
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maintain the compatibility of the proposed ordinance, rule, or plan |
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with base operations. |
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SECTION 2. Section 397.006, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (c), |
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(c-1), and (c-2) to read as follows: |
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(a) Subsection (b) [This section] 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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(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 |
|
|
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 under Subsection |
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(c) would be required by the defense community. |
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(c-2) After providing notice under Subsection (c), a |
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defense community shall enter into a memorandum of agreement with |
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the military base or defense facility to establish provisions to |
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maintain the compatibility of the proposed structure with base |
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operations. |
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SECTION 3. This Act takes effect September 1, 2015. |
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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. 1640 was passed by the House on April |
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30, 2015, by the following vote: Yeas 139, Nays 0, 1 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. 1640 was passed by the Senate on May |
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26, 2015, 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 |