85S10899 TJB-F
 
  By: Menéndez S.B. No. 115
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to granting certain local governments general zoning
  authority around federal military installations; creating a
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 7, Local Government Code, is
  amended by adding Chapter 247 to read as follows:
  CHAPTER 247. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND FEDERAL
  MILITARY INSTALLATIONS
         Sec. 247.001.  DEFINITIONS. In this chapter:
               (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 governmental program or normal crop
  or livestock rotation procedure; or
                     (E)  engaging in wildlife management, including
  the management and control of hunting, fishing, bird-watching,
  sightseeing, and other outdoor recreational activities.
               (3)  "Federal military installation" means a federally
  owned or operated military installation or facility.
         Sec. 247.002.  LEGISLATIVE FINDINGS; PURPOSE.  (a) The
  legislature finds that:
               (1)  the area that surrounds a federal military
  installation will be frequented for military and national security
  purposes by residents from many parts of the state and nation;
               (2)  a federal military installation is essential to
  the economic viability of the surrounding local community, the
  state, and the nation;
               (3)  orderly development and use of the area is of
  concern to the entire state;
               (4)  without adequate regulations, the area will tend
  to become congested and to be used in ways that interfere with the
  proper use of the area as a secure location for the continuation of
  a military establishment; and
               (5)  it is imperative for the local community to
  protect the viability of current and future missions at a federal
  military installation located in the community by ensuring
  compatible land uses are developed within the area that surrounds
  an installation.
         (b)  The powers granted under this chapter are for the
  purposes of:
               (1)  promoting the public health, safety, peace,
  morals, and general welfare;
               (2)  protecting and preserving places and areas of
  military and national security importance and significance; and
               (3)  encouraging state and national security.
         Sec. 247.003.  AREAS SUBJECT TO REGULATION. This chapter
  applies only to the area that extends not more than five miles from
  the boundaries of a federal military installation.
         Sec. 247.004.  ZONING REGULATIONS GENERALLY. (a)  The
  governing bodies of a municipality and the county in a regulated
  area through a joint military installation zoning board established
  under Section 247.005 may regulate:
               (1)  the height, number of stories, and size of
  buildings and other structures;
               (2)  the percentage of a lot that may be occupied;
               (3)  the size of yards, courts, and other open spaces;
               (4)  population density;
               (5)  the location and use of buildings, other
  structures, and land for business, industrial, residential, or
  other purposes; and
               (6)  the placement of water and sewage facilities,
  landfills, parks, and other required public facilities.
         (b)  A regulation adopted under this chapter does not apply
  to:
               (1)  a tract of land devoted to agricultural use; or
               (2)  a structure on a developed tract of land that
  existed on December 1, 2017.
         (c)  The governing bodies of a municipality and the county in
  the regulated area shall prepare a written takings impact
  assessment in the manner provided by Section 2007.043, Government
  Code, of a proposed regulation under this chapter.
         Sec. 247.005.  JOINT MILITARY INSTALLATION ZONING BOARD.
  (a) To exercise the authority granted under this chapter, the
  governing bodies of a municipality and the county in the regulated
  area shall appoint a joint military installation zoning board to
  assist in the implementation and enforcement of regulations adopted
  under this chapter.
         (b)  The membership of the board is composed of:
               (1)  two members appointed by the county judge of the
  county;
               (2)  two members appointed by the presiding officer of
  the governing body of the municipality;
               (3)  one member who owns less than 500 acres of land in
  the regulated area appointed jointly by the county judge of the
  county and the presiding officer of the governing body of the
  municipality;
               (4)  one member who owns at least 500 acres in the
  regulated area appointed jointly by the county judge of the county
  and the presiding officer of the governing body of the
  municipality; and
               (5)  one member appointed jointly by the members
  appointed under Subdivisions (1) through (4), who serves as the
  presiding officer of the board.
         (c)  The board shall perform the duties assigned under this
  chapter and other duties as requested by the governing bodies to
  implement this chapter.
         Sec. 247.006.  PROCEDURE GOVERNING ADOPTION OF REGULATIONS
  AND DISTRICT BOUNDARIES.  (a) A regulation adopted under this
  chapter is not effective until it is adopted by the governing bodies
  of a municipality and the county in the regulated area after a joint
  public hearing. Not later than the 15th day before the date of the
  hearing, the governing bodies of the municipality and the county
  must publish notice in English and in Spanish of the hearing in a
  newspaper of general circulation in the county.
         (b)  The governing bodies of a municipality and the county in
  the regulated area may prohibit or restrict development in the area
  based on recommendations issued in a resolution adopted by the
  joint military installation zoning board.  The board's
  recommendations must be based on the most recent Joint Land Use
  Study and, if applicable, the most recent Air Installation
  Compatible Use Zone Study. The board's recommendations may not be
  inconsistent with the provisions of any memorandum of agreement
  executed by the municipality or county and the federal military
  installation under Section 397.005 or 397.006.
         (c)  The governing bodies of a municipality and the county in
  the regulated area may amend regulations adopted under this
  chapter:
               (1)  based on amended recommendations issued in a
  resolution adopted by the joint military installation zoning board
  as the study or studies, as applicable, are periodically updated;
  and
               (2)  if each governing body makes findings that the
  conclusions of the study or studies, as applicable, on which each
  governing body is basing its findings accurately reflect
  development circumstances in the subject area.
         (d)  The governing bodies of a municipality and the county in
  the regulated area may adopt or amend a regulation only by an order
  passed by a majority vote of the full membership of each governing
  body.
         Sec. 247.007.  COMPLIANCE WITH STUDIES AND PLANS. A
  proposed regulation under this chapter must be:
               (1)  adopted in accordance with the most recent Joint
  Land Use Study and, if applicable, the most recent Air Installation
  Compatible Use Zone Study for growth and development surrounding
  the federal military installation;
               (2)  consistent with the provisions of any memorandum
  of agreement executed by the municipality or county and the federal
  military installation under Section 397.005 or 397.006;
               (3)  adopted in accordance with the county plan for
  growth and development of the county; and
               (4)  coordinated with the comprehensive plan of the
  municipality.
         Sec. 247.008.  DISTRICTS. (a) The joint military
  installation zoning board may divide the area regulated under this
  chapter into districts of a number, shape, and size the board
  considers best for carrying out this chapter.
         (b)  Regulations adopted under this chapter may vary from
  district to district.
         Sec. 247.009.  SPECIAL EXCEPTION. (a) A person aggrieved by
  a regulation adopted under this chapter may petition the governing
  bodies of a municipality and the county in the regulated area for a
  special exception to the regulation. The grant of a special
  exception requires a majority vote of the full membership of each
  governing body.
         (b)  The governing bodies of a municipality and the county in
  the regulated area shall adopt procedures governing applications,
  notice, hearings, and other matters relating to the grant of a
  special exception.
         Sec. 247.010.  ENFORCEMENT; PENALTY. (a) The governing
  bodies of a municipality and the county in the regulated area shall
  adopt ordinances, orders, or regulations, as applicable, to enforce
  this chapter.
         (b)  A person commits an offense if the person violates this
  chapter or an ordinance, order, or regulation adopted under this
  chapter. An offense under this subsection is a misdemeanor
  punishable by a fine of not less than $500 or more than $1,000. Each
  day that a violation occurs constitutes a separate offense. Trial
  shall be in the district court.
         Sec. 247.011.  COOPERATION AMONG LOCAL ENTITIES. The
  governing bodies of a municipality and the county in the regulated
  area and the joint military installation zoning board may enter
  into an agreement to cooperate in the drafting, implementation, and
  enforcement of regulations adopted under this chapter.
         SECTION 2.  This Act takes effect December 1, 2017.