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A BILL TO BE ENTITLED
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AN ACT
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relating to granting certain municipalities authority to adopt |
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development regulations around certain military facilities; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 7, Local Government Code, is |
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amended by adding Chapter 218 to read as follows: |
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CHAPTER 218. MUNICIPAL DEVELOPMENT REGULATIONS AROUND MILITARY |
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AVIATION FACILITY |
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Sec. 218.001. DEFINITIONS. In this chapter: |
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(1) "Agricultural use" means use or activity involving |
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agriculture. |
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(2) "Agriculture" means: |
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(A) cultivating the soil to produce crops for |
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human food, animal feed, seed for planting, or the production of |
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fibers; |
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(B) practicing floriculture, viticulture, |
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silviculture, or horticulture; |
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(C) raising, feeding, or keeping animals for |
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breeding purposes or for the production of food, fiber, leather, |
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pelts, or other tangible products having commercial value; |
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(D) planting cover crops, including cover crops |
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cultivated for transplantation, or leaving land idle for the |
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purpose of participating in a governmental program or normal crop |
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or livestock rotation procedure; or |
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(E) engaging in wildlife management, including |
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the management and control of hunting, fishing, bird-watching, |
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sightseeing, and other outdoor recreational activities. |
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(3) "Centerline" has the meaning assigned by Section |
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241.003. |
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(4) "Military aviation facility" means a base or |
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station of: |
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(A) the United States Air Force under the command |
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of the Air Education and Training Command; |
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(B) the United States Army or Navy or the Texas |
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National Guard at which aviation operations or training is |
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conducted; or |
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(C) a municipal airport in which military flight |
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training occurs. |
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Sec. 218.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) the area that surrounds a military aviation |
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facility will be frequented for military and national security |
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purposes by residents from many parts of the state and nation; |
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(2) a military aviation facility is essential to the |
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economic viability of the surrounding local community, the state, |
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and the nation; |
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(3) orderly development and use of the area is of |
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concern to the entire state; |
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(4) without adequate development regulations, the |
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area will tend to become congested and to be used in ways that |
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interfere with the proper use of the area as a safe and secure |
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location for the continuation of military operations; |
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(5) a structure or electronic emission that is an |
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interference negatively impacts the visual, radar, radio, |
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navigation, or other systems for tracking, acquiring data relating |
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to, monitoring, or controlling aircraft, tending to diminish safety |
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of flight operations and destroy or impair the utility of a military |
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aviation facility and the public investment in the facility; and |
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(6) it is imperative for the state and local |
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communities to protect the viability of current and future missions |
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at a military aviation facility by ensuring compatible land uses |
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are developed and no interference with flight operations is created |
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within the regulated area. |
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(b) The powers granted under this chapter are for the |
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purposes of: |
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(1) promoting the public health, safety, peace, |
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morals, and general welfare; |
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(2) protecting and preserving places and areas of |
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military and national security importance and significance; and |
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(3) encouraging state and national security. |
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Sec. 218.003. AREAS SUBJECT TO REGULATION. This chapter |
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applies only to an area that is located outside a military aviation |
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facility's boundaries and: |
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(1) that extends not more than one and one-half |
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nautical miles from the centerline and not more than five nautical |
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miles from each end of the paved surface of the primary landing |
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strip at a military aviation facility; and |
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(2) that extends not more than 25 nautical miles from a |
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federally owned and operated radar system on a military aviation |
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facility. |
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Sec. 218.004. DEVELOPMENT REGULATIONS GENERALLY. (a) The |
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governing bodies of each municipality in an area described by |
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Section 218.003 through an air base area development board |
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established under Section 218.005 may regulate: |
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(1) in an area described by Section 218.003(1): |
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(A) the height, number of stories, and size of |
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buildings and other structures; |
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(B) the percentage of a lot that may be occupied; |
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(C) the size of yards, courts, and other open |
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spaces; |
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(D) population density; |
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(E) the location and use of buildings, other |
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structures, and land for business, industrial, residential, or |
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other purposes; and |
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(F) the placement of water and sewage facilities, |
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landfills, parks, retention ponds, and other required public |
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facilities that may be bird attractants; and |
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(2) in an area described by Section 218.003(2), the |
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placement of wind turbines. |
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(b) A development regulation adopted under this chapter may |
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not apply to a structure that existed on September 1, 2017, or a |
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structure owned by a utility as defined by Section 232.021. A |
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regulation adopted under Subsection (a)(1)(C) may not apply to a |
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tract of land devoted to agricultural use. |
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(c) A development regulation adopted under this chapter |
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must be consistent with and is subject to federal law, including |
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federal statutes, regulations, and orders relating to the placement |
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of a personal wireless service facility. |
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Sec. 218.005. AIR BASE AREA DEVELOPMENT BOARD. (a) To |
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exercise the authority granted under this chapter, the governing |
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bodies of each municipality in the regulated area shall appoint an |
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air base area development board to assist in the implementation and |
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enforcement of development regulations adopted under this chapter. |
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(b) An air base area development board is composed of: |
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(1) two members appointed by the presiding officer of |
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the governing body of each municipality in the regulated area; |
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(2) one member who owns less than 500 acres of land in |
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the regulated area appointed jointly by the presiding officer of |
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the governing body of each municipality in the regulated area; |
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(3) one member who owns at least 500 acres in the |
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regulated area appointed jointly by the presiding officer of the |
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governing body of each municipality in the regulated area; and |
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(4) one member appointed jointly by the members |
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appointed under Subdivisions (1) through (3), who serves as the |
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presiding officer of the board. |
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(c) An air base area development board shall perform the |
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duties assigned under this chapter and other duties as requested by |
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the governing bodies to implement this chapter. |
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Sec. 218.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS |
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AND DISTRICT BOUNDARIES. (a) A development regulation adopted |
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under this chapter is not effective until it is adopted by the |
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governing bodies of each municipality in the regulated area after a |
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joint public hearing. Before the 15th day before the date of the |
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hearing, the governing bodies of each municipality must publish |
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notice in English and in Spanish of the hearing in a newspaper of |
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general circulation in the county in which the municipality is |
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located. |
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(b) The governing bodies of each municipality in the |
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regulated area may prohibit or restrict development in the area |
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based on recommendations issued in a resolution adopted by the air |
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base area development board. The board's recommendations must be |
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based on the most recent Air Installation Compatible Use Zone |
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Study, the most recent Joint Land Use Study, and other available and |
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relevant military planning data and studies. The governing bodies |
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of each municipality may amend regulations adopted under this |
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chapter: |
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(1) based on amended recommendations issued in a |
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resolution adopted by the air base area development board as the |
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studies are periodically updated; and |
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(2) if each governing body makes findings that the |
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conclusions of the studies on which each governing body is basing |
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its findings accurately reflect development circumstances in the |
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subject area. |
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(c) The governing bodies of each municipality in the |
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regulated area may adopt or amend a development regulation only by |
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an ordinance passed by a majority vote of the full membership of |
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each governing body. |
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Sec. 218.007. COMPLIANCE WITH STUDIES AND PLANS. |
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Development regulations must be: |
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(1) adopted in accordance with the most recent Air |
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Installation Compatible Use Zone Study, the most recent Joint Land |
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Use Study, and other available and relevant military planning data |
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and studies for growth and development surrounding a military |
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aviation facility; and |
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(2) coordinated with the comprehensive plans of each |
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municipality in the regulated area. |
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Sec. 218.008. DISTRICTS. (a) An air base area development |
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board may divide the area regulated under this chapter into |
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districts of a number, shape, and size the board considers best for |
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carrying out this chapter. |
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(b) Development regulations may vary from district to |
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district. |
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Sec. 218.009. SPECIAL EXCEPTION. (a) A person aggrieved by |
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a development regulation adopted under this chapter may petition |
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the governing bodies of each municipality in the regulated area for |
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a special exception to the development regulation. The grant of a |
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special exception requires a majority vote of the full membership |
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of each governing body. |
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(b) The governing bodies of each municipality in the |
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regulated area shall adopt procedures governing applications, |
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notice, hearings, and other matters relating to the grant of a |
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special exception. |
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(c) On receipt of a petition for a special exception to a |
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development regulation under Subsection (a), the governing bodies |
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of each municipality in the regulated area shall notify the |
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affected military aviation facility of the petition. |
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Sec. 218.010. ENFORCEMENT; PENALTY. (a) The governing |
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body of each municipality in the regulated area by ordinance shall |
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enforce development regulations adopted by the municipality under |
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this chapter. |
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(b) A person commits an offense if the person violates a |
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development regulation ordinance adopted under this chapter. An |
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offense under this subsection is a misdemeanor punishable by a fine |
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of not less than $500 or more than $1,000. Each day that a violation |
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occurs constitutes a separate offense. |
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Sec. 218.011. COOPERATION AMONG LOCAL ENTITIES. The |
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governing bodies of the municipalities in the regulated area and an |
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air base area development board may enter into an agreement to |
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cooperate in the drafting, implementation, and enforcement of |
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development regulations adopted under this chapter. |
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SECTION 2. This Act takes effect September 1, 2017. |