Bill Text: TX HB1832 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to granting certain local governments general zoning authority around certain military facilities; providing a penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-21 - Left pending in committee [HB1832 Detail]
Download: Texas-2013-HB1832-Introduced.html
83R9479 SCL-F | ||
By: Miller of Fort Bend | H.B. No. 1832 |
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relating to granting certain local governments general zoning | ||
authority around certain military facilities; providing a penalty. | ||
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 241A to read as follows: | ||
CHAPTER 241A. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIR | ||
FORCE FACILITY | ||
Sec. 241A.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) "Air force facility" means a base or station of the | ||
United States Air Force. | ||
(4) "Centerline" and "compatible land use" have the | ||
meanings assigned by Section 241.003. | ||
(5) "Controlled compatible land use area" means an | ||
area of land located outside airport boundaries and within a | ||
rectangle bounded by lines located not more than five nautical | ||
miles from the centerline of the primary landing strip and lines | ||
located not more than five nautical miles from each end of the paved | ||
surface of the primary landing strip. | ||
Sec. 241A.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The | ||
legislature finds that: | ||
(1) the area that surrounds an air force facility will | ||
be frequented for military and national security purposes by | ||
residents from many parts of the state and nation; | ||
(2) an air force facility 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 development 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 an air force | ||
facility by ensuring compatible land uses are developed within the | ||
controlled compatible land use area. | ||
(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. 241A.003. AREAS SUBJECT TO REGULATION. This chapter | ||
applies only to the area that extends not more than five nautical | ||
miles from the centerline and not more than five nautical miles from | ||
each end of the paved surface of the landing strip at an air force | ||
facility under the command of the Air Education and Training | ||
Command. | ||
Sec. 241A.004. DEVELOPMENT REGULATIONS GENERALLY. (a) The | ||
governing bodies of a municipality and the county in the regulated | ||
area through a joint airport zoning board established under Section | ||
241A.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 September 1, 2013. | ||
(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. 241A.005. JOINT AIRPORT 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 airport zoning board to assist in the implementation and | ||
enforcement of development 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. 241A.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS | ||
AND DISTRICT BOUNDARIES. (a) A development 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. Before 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 airport zoning board. The board's recommendations must be | ||
based on the most recent Air Installation Compatible Use Zone Study | ||
and the most recent Joint Land Use Study. The governing bodies of a | ||
municipality and the county may amend regulations adopted under | ||
this chapter: | ||
(1) based on amended recommendations issued in a | ||
resolution adopted by the joint airport zoning board as the studies | ||
are periodically updated; and | ||
(2) if each governing body makes findings that the | ||
conclusions of the studies on which each governing body is basing | ||
its findings accurately reflect development circumstances in the | ||
subject area. | ||
(c) The governing bodies of a municipality and the county in | ||
the regulated area may adopt or amend a development regulation only | ||
by an order passed by a majority vote of the full membership of each | ||
governing body. | ||
Sec. 241A.007. COMPLIANCE WITH STUDIES AND PLANS. | ||
Development regulations must be: | ||
(1) adopted in accordance with the most recent Air | ||
Installation Compatible Use Zone Study and the most recent Joint | ||
Land Use Study for growth and development surrounding the air force | ||
facility; | ||
(2) adopted in accordance with the county plan for | ||
growth and development of the county; and | ||
(3) coordinated with the comprehensive plan of the | ||
municipality. | ||
Sec. 241A.008. DISTRICTS. (a) The joint airport 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) Development regulations may vary from district to | ||
district. | ||
Sec. 241A.009. SPECIAL EXCEPTION. (a) A person aggrieved | ||
by a development 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 development | ||
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. 241A.010. ENFORCEMENT; PENALTY. (a) The governing | ||
bodies of a municipality and the county in the regulated area shall | ||
adopt ordinances, orders, or development regulations, as | ||
applicable, to enforce this chapter. | ||
(b) A person commits an offense if the person violates this | ||
chapter or an ordinance, order, or development 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. 241A.011. COOPERATION AMONG LOCAL ENTITIES. The | ||
governing bodies of a municipality and the county in the regulated | ||
area and the joint airport zoning board may enter into an agreement | ||
to cooperate in the drafting, implementation, and enforcement of | ||
development regulations adopted under this chapter. | ||
SECTION 2. This Act takes effect September 1, 2013. |