Bill Text: TX HB1640 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the compatibility of certain defense community regulations and structures with military operations.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB1640 Detail]
Download: Texas-2015-HB1640-Enrolled.html
H.B. No. 1640 |
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relating to the compatibility of certain defense community | ||
regulations and structures with military operations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 397.005, Local Government Code, is | ||
amended by adding Subsections (c), (d), and (e) to read as follows: | ||
(c) A defense community that proposes to adopt or amend an | ||
ordinance, rule, or plan that would be applicable in a controlled | ||
compatible land use area as defined by Section 241.003 and that may | ||
impact base operations shall notify the base or facility | ||
authorities concerning the compatibility of the proposed | ||
ordinance, rule, or plan with base operations. This subsection | ||
applies only to a defense community that has not adopted airport | ||
zoning regulations under Chapter 241 and that: | ||
(1) is a county with a population of more than 1.5 | ||
million that contains a municipality in which at least 75 percent of | ||
the county's population resides; | ||
(2) is a county with a population of 130,000 or more | ||
that is adjacent to a county described by Subdivision (1); | ||
(3) is located in a county described by Subdivision | ||
(1) or (2); or | ||
(4) is or includes a municipality that is located in a | ||
county with a population of more than 130,000 that borders the Red | ||
River. | ||
(d) A defense community described by Subsection (c) may | ||
enter into a memorandum of agreement with the military base or | ||
defense facility to establish a smaller area in the controlled | ||
compatible land use area for which notification under Subsection | ||
(c) would be required by the defense community. | ||
(e) After providing notice under Subsection (c), the | ||
defense community shall enter into a memorandum of agreement with | ||
the military base or defense facility to establish provisions to | ||
maintain the compatibility of the proposed ordinance, rule, or plan | ||
with base operations. | ||
SECTION 2. Section 397.006, Local Government Code, is | ||
amended by amending Subsection (a) and adding Subsections (c), | ||
(c-1), and (c-2) to read as follows: | ||
(a) Subsection (b) [ |
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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. | ||
(c) On receipt of an application for a permit as defined by | ||
Section 245.001 for a proposed structure that would be located in a | ||
controlled compatible land use area as defined by Section 241.003 | ||
and may impact base operations, a defense community shall notify | ||
the base or facility authorities concerning the compatibility of | ||
the proposed structure with base operations. This subsection | ||
applies only to a defense community that has not adopted airport | ||
zoning regulations under Chapter 241 and that: | ||
(1) is a county with a population of more than 1.5 | ||
million that contains a municipality in which at least 75 percent of | ||
the county's population resides; | ||
(2) is a county with a population of 130,000 or more | ||
that is adjacent to a county described by Subdivision (1); | ||
(3) is located in a county described by Subdivision | ||
(1) or (2); or | ||
(4) is or includes a municipality that is located in a | ||
county with a population of more than 130,000 that borders the Red | ||
River. | ||
(c-1) A defense community described by Subsection (c) may | ||
enter into a memorandum of agreement with the military base or | ||
defense facility to establish a smaller area in the controlled | ||
compatible land use area for which notification under Subsection | ||
(c) would be required by the defense community. | ||
(c-2) After providing notice under Subsection (c), a | ||
defense community shall enter into a memorandum of agreement with | ||
the military base or defense facility to establish provisions to | ||
maintain the compatibility of the proposed structure with base | ||
operations. | ||
SECTION 3. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1640 was passed by the House on April | ||
30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1640 was passed by the Senate on May | ||
26, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |