Bill Text: TX SB1200 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the Texas Military Preparedness Commission and strategic planning regarding military bases and defense installations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1200 Detail]
Download: Texas-2013-SB1200-Engrossed.html
Bill Title: Relating to the Texas Military Preparedness Commission and strategic planning regarding military bases and defense installations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1200 Detail]
Download: Texas-2013-SB1200-Engrossed.html
By: Van de Putte | S.B. No. 1200 |
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relating to the Texas Military Preparedness Commission and | ||
strategic planning regarding military bases and defense | ||
installations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 436.001, Government Code, is amended to | ||
read as follows: | ||
Sec. 436.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Military | ||
Preparedness Commission. | ||
(2) "Defense community" has the meaning assigned by | ||
Section 397.001, Local Government Code. | ||
(3) "Defense worker" means: | ||
(A) an employee of the United States Department | ||
of Defense, including a member of the armed forces and a government | ||
civilian worker; | ||
(B) an employee of a government agency or private | ||
business, or entity providing a department of defense related | ||
function, who is employed at a defense facility; | ||
(C) an employee of a business that directly | ||
provides services or products to the department of defense and | ||
whose job is directly dependent on defense expenditures; or | ||
(D) an employee or private contractor employed by | ||
the United States Department of Energy working on a defense or | ||
department of energy facility in support of a department of defense | ||
related project. | ||
(4) "Defense worker job" means a department of defense | ||
authorized permanent position or a position held or occupied by one | ||
or more defense workers for more than 12 months. | ||
(5) "Office" means the Texas Economic Development and | ||
Tourism Office in the office of the governor. | ||
(6) "Panel" means the commission's defense economic | ||
adjustment assistance panel. | ||
(7) "Texas Commanders Council" means the consortium of | ||
commanding officers of the military installations in this state. | ||
SECTION 2. Subsection (a), Section 436.051, Government | ||
Code, is amended to read as follows: | ||
(a) The commission is composed of: | ||
(1) 13 public members, appointed by the governor; and | ||
(2) the following ex officio members: | ||
(A) the chair of the committee of the Texas House | ||
of Representatives that has primary jurisdiction of matters | ||
concerning defense affairs and military affairs [ |
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(B) the chair of the committee [ |
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the Texas Senate that has primary jurisdiction of matters | ||
concerning defense affairs and military affairs [ |
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SECTION 3. Section 436.101, Government Code, is amended to | ||
read as follows: | ||
Sec. 436.101. GENERAL POWERS AND DUTIES [ |
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(a) The commission shall[ |
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defense and military issues. | ||
(b) The commission shall meet not less than once each year | ||
with the Texas Commanders Council to: | ||
(1) discuss the goals and challenges facing military | ||
installations and develop recommendations for improvements; | ||
(2) discuss ways the state can enhance and complement | ||
the mission of the military installations in this state; and | ||
(3) discuss services available to assist | ||
transitioning military service members and their families. | ||
(c) The commission shall act as the liaison to improve | ||
coordination among the Texas Commanders Council and relevant state | ||
agencies, including: | ||
(1) the Texas Veterans Commission; | ||
(2) the Veterans' Land Board; | ||
(3) the Public Utility Commission of Texas; | ||
(4) the Office of Public Utility Counsel; and | ||
(5) the Texas Commission on Environmental Quality. | ||
(d) The commission shall: | ||
(1) administer and monitor the implementation of this | ||
chapter; | ||
(2) establish criteria and procedures and award grants | ||
equitably based on evaluations, giving preference to defense | ||
communities that may be adversely affected over positively affected | ||
defense communities; | ||
(3) [ |
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(A) the development of policies and plans to | ||
support the long-term viability and prosperity of the military, | ||
active and civilian, in this state, including promoting strategic | ||
regional alliances that may extend over state lines; and | ||
(B) the development of methods to assist | ||
defense-dependent communities in the design and execution of | ||
programs that enhance a community's relationship with military | ||
installations and defense-related businesses; | ||
(4) [ |
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legislature, the state's congressional delegation, and state | ||
agencies regarding federal actions affecting military | ||
installations and missions; | ||
(5) [ |
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(A) defense economic adjustment and transition | ||
information and activities along with the Texas Business and | ||
Community Economic Development Clearinghouse; and | ||
(B) information about: | ||
(i) issues related to the operating costs, | ||
missions, and strategic value of federal military installations | ||
located in the state; | ||
(ii) employment issues for communities that | ||
depend on defense bases and in defense-related businesses; and | ||
(iii) defense strategies and incentive | ||
programs that other states are using to maintain, expand, and | ||
attract new defense contractors; | ||
(6) [ |
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experienced a defense-related closure or realignment; | ||
(7) [ |
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execution of programs that enhance a community's relationship with | ||
military installations and defense-related businesses, including | ||
regional alliances that may extend over state lines; | ||
(8) [ |
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recruiting of defense-related businesses, including fostering | ||
strategic regional alliances that may extend over state lines; | ||
(9) [ |
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state by fostering the development of industries related to defense | ||
affairs; and | ||
(10) [ |
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expansion of missions of reservists at military installations in | ||
the state. | ||
(e) The commission may use an amount equal to not more than | ||
two percent of the total amount of grants authorized during each | ||
biennium to administer this chapter and other law relating to | ||
readjustment of defense communities. | ||
(f) The commission shall adopt rules necessary to implement | ||
this chapter. | ||
SECTION 4. The heading to Section 436.103, Government Code, | ||
is amended to read as follows: | ||
Sec. 436.103. BIENNIAL [ |
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SECTION 5. Subsection (b), Section 436.103, Government | ||
Code, is amended to read as follows: | ||
(b) Not later than July 1 of each even-numbered year, the | ||
commission shall prepare and submit a report to the governor and the | ||
legislature about the active military installations, communities | ||
that depend on military installations, and defense-related | ||
businesses in this state. The commission may update the report in | ||
an odd-numbered year. The report must include: | ||
(1) an economic impact statement describing in detail | ||
the effect of the military on the economy of this state; | ||
(2) a statewide assessment of active military | ||
installations and current missions; | ||
(3) a statewide strategy to attract new military | ||
missions and defense-related business and include specific actions | ||
that add military value to existing military installations; | ||
(4) a list of state and federal activities that have | ||
significant impact on active military installations and current | ||
missions; | ||
(5) a statement identifying: | ||
(A) the state and federal programs and services | ||
that assist communities impacted by military base closures or | ||
realignments and the efforts to coordinate those programs; and | ||
(B) the efforts to coordinate state agency | ||
programs and services that assist communities in retaining active | ||
military installations and current missions; | ||
(6) an evaluation of initiatives to retain existing | ||
defense-related businesses; [ |
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(7) a list of agencies with regulations, policies, | ||
programs, or services that impact the operating costs or strategic | ||
value of federal military installations and activities in the | ||
state; and | ||
(8) a summary of the commission's meetings with the | ||
Texas Commanders Council under Section 436.101(b), including | ||
recommendations, goals, and challenges based on those meetings. | ||
SECTION 6. Subchapter C, Chapter 436, Government Code, is | ||
amended by adding Section 436.105 to read as follows: | ||
Sec. 436.105. MILITARY BASE REALIGNMENT AND CLOSURE TASK | ||
FORCE. (a) The commission may establish a task force to seek | ||
advice to prepare for possible action by the United States | ||
Department of Defense related to the realignment or closure of | ||
military installations in this state. | ||
(b) A task force established under this section must consist | ||
of not more than seven members who have demonstrated experience or | ||
expertise in the United States Department of Defense's base | ||
realignment and closure process. | ||
(c) A task force established under this section shall: | ||
(1) confer with defense communities and military | ||
installations located in this state to identify strategies, | ||
policies, plans, projects, and other ways to improve base | ||
realignment scores; and | ||
(2) advise and make recommendations to the commission | ||
and legislature on any strategy, policy, plan, project, or action | ||
the task force believes will strengthen the defense communities and | ||
military installations in the state and prevent the closure or a | ||
significant reduction of the operations of the military | ||
installations. | ||
SECTION 7. Section 436.152, Government Code, is amended to | ||
read as follows: | ||
Sec. 436.152. ANALYSIS OF PROJECTS THAT ADD MILITARY OR | ||
DEFENSE VALUE; FINANCING. (a) A defense community may submit the | ||
community's military base or defense facility value enhancement | ||
statement prepared under Chapter 397, Local Government Code, to the | ||
commission. | ||
(b) On receiving a defense community's military base or | ||
defense facility value enhancement statement, the commission shall | ||
analyze the projects included in the statement using the criteria | ||
it has developed. The commission shall develop project analysis | ||
criteria based on the criteria the United States Department of | ||
Defense uses for evaluating military bases or defense facilities in | ||
the department's [ |
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(c) The commission shall determine whether each project | ||
identified in the defense community's military base or defense | ||
facility value enhancement statement will enhance the military or | ||
defense value of the military base or defense facility. The | ||
commission shall assist the community in prioritizing the projects | ||
that enhance the military or defense value of a military base or | ||
defense facility, giving the highest priority to projects that add | ||
the most [ |
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criteria. | ||
(d) The commission shall refer the defense community to the | ||
appropriate state agency that has an existing program to provide | ||
financing for each project identified in the community's military | ||
base or defense facility value enhancement statement that adds | ||
military or defense value to a military base or defense | ||
facility. If there is no existing program to finance a project, | ||
the office may provide a loan of financial assistance to the defense | ||
community for the project. | ||
SECTION 8. Subsections (a), (b), (c), and (d), Section | ||
436.153, Government Code, are amended to read as follows: | ||
(a) The office may provide a loan of financial assistance to | ||
a defense community for a project that will enhance the military or | ||
defense value of a military base or defense facility located in, | ||
near, or adjacent to the defense community. The loan shall be made | ||
from the Texas military value revolving loan account established | ||
under Section 436.156. | ||
(b) On receiving an application for a loan under this | ||
section, the office shall confirm with the commission that the | ||
project adds military or defense value to the military base or | ||
defense facility. | ||
(c) If the commission determines that a project will enhance | ||
the military or defense value of the military base or defense | ||
facility, the office shall, in accordance with the criteria adopted | ||
by the office under Section 436.154(a): | ||
(1) analyze the creditworthiness of the defense | ||
community to determine the defense community's ability to repay the | ||
loan; and | ||
(2) evaluate the feasibility of the project to be | ||
financed to ensure that the defense community has pledged a source | ||
of revenue or taxes sufficient to repay the loan for the project. | ||
(d) If the commission confirms that the funds will be used | ||
to enhance the military or defense value of the military base or | ||
defense facility based on the base realignment and closure | ||
criteria, to overcome an action of the United States Department of | ||
Defense that will negatively impact the military base or defense | ||
facility, or for the recruitment or retention of a defense facility | ||
and the office determines that the project is financially feasible, | ||
the executive director of the office may award a loan to the defense | ||
community for the project. The office shall enter into a written | ||
agreement with a defense community that is awarded a loan. The | ||
agreement must contain the terms and conditions of the loan, | ||
including the loan repayment requirements. | ||
SECTION 9. Subsection (a), Section 436.1532, Government | ||
Code, is amended to read as follows: | ||
(a) The office may provide a loan of financial assistance to | ||
a defense community for an infrastructure project to accommodate | ||
[ |
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military base or defense facility located in, near, or adjacent to | ||
the defense community as a result of a United States Department of | ||
Defense base realignment process that occurs during 2005 or later. | ||
The loan shall be made from the Texas military value revolving loan | ||
account established under Section 436.156. | ||
SECTION 10. Subsection (a), Section 436.155, Government | ||
Code, is amended to read as follows: | ||
(a) A defense community in this state may borrow money from | ||
the state, including by direct loan, based on the credit of the | ||
defense community to finance a project included in the community's | ||
military base or defense facility value enhancement statement. | ||
SECTION 11. Chapter 436, Government Code, is amended by | ||
adding Subchapter E to read as follows: | ||
SUBCHAPTER E. GRANTS | ||
Sec. 436.201. ELIGIBILITY FOR GRANT. (a) The following | ||
local governmental entities are eligible for a grant under this | ||
subchapter: | ||
(1) a municipality or county that is a defense | ||
community; | ||
(2) a regional planning commission that has a defense | ||
community within its boundaries; | ||
(3) a public junior college district that is wholly or | ||
partly located in a defense community; | ||
(4) a campus or education extension center of the | ||
Texas State Technical College System that is located in a defense | ||
community; | ||
(5) a defense base development authority created under | ||
Chapter 379B, Local Government Code; and | ||
(6) a political subdivision that has the power of a | ||
defense base development authority created under Chapter 379B, | ||
Local Government Code. | ||
(b) An eligible local governmental entity may be awarded a | ||
grant if the commission determines that the entity may be adversely | ||
or positively affected by an anticipated, planned, announced, or | ||
implemented action of the United States Department of Defense to | ||
close, reduce, increase, or otherwise realign defense worker jobs | ||
or facilities. | ||
Sec. 436.202. GRANT CRITERIA. (a) From money appropriated | ||
for this purpose, the commission may make a grant to an eligible | ||
local governmental entity to: | ||
(1) enable the entity to match money or meet an | ||
investment requirement necessary to receive federal assistance | ||
provided to the local governmental entity for responding to or | ||
recovering from an event described by Section 436.201(b); | ||
(2) match the entity's contribution for a purpose | ||
described by Section 436.203 at a closed or realigned defense | ||
facility; or | ||
(3) construct infrastructure and other projects | ||
necessary to accommodate a new or expanded military mission at a | ||
military base or to reduce the impact of an action of the United | ||
States Department of Defense that will negatively impact a defense | ||
facility located in or near the entity. | ||
(b) The commission may not make a grant for an amount less | ||
than $50,000 or an amount more than the lesser of: | ||
(1) 50 percent of the amount of matching money or | ||
investment that the local governmental entity is required to | ||
provide, subject to Subsection (c); | ||
(2) 50 percent of the local governmental entity's | ||
investment for purposes described by Section 436.203 if federal | ||
assistance is unavailable; or | ||
(3) $2 million. | ||
(c) If the local governmental entity demonstrates to the | ||
commission that, because of a limited budget, the entity lacks the | ||
resources necessary to provide 50 percent of the amount of matching | ||
money or investment that the entity is required to provide, the | ||
commission may make a grant in an amount of not more than 80 percent | ||
of the amount of that matching money or investment requirement but | ||
may not make a grant in an amount that exceeds $2 million. | ||
(d) The commission may make a grant to an eligible local | ||
governmental entity without regard to the availability or | ||
acquisition of matching money. | ||
Sec. 436.203. USE OF PROCEEDS. (a) A local governmental | ||
entity may use the proceeds of a grant awarded under this subchapter | ||
for the purchase of property, including the purchase of property | ||
from the United States Department of Defense or its designated | ||
agent, new construction, rehabilitation or renovation of | ||
facilities or infrastructure, or purchase of capital equipment or | ||
facilities insurance. | ||
(b) The local governmental entity may deliver the money to a | ||
special district, development corporation, or other | ||
instrumentality of this state or the local governmental entity for | ||
use as provided by this chapter and other applicable law. | ||
(c) An eligible local governmental entity described by | ||
Section 436.201(a)(3) or (4) may use the proceeds of the grant to | ||
purchase or lease equipment to train defense workers whose jobs | ||
have been threatened or lost because of an event described by | ||
Section 436.201(b). | ||
Sec. 436.204. APPLICATION FOR GRANT. (a) A local | ||
governmental entity may apply for a grant under this subchapter to | ||
the commission on a form prescribed by the commission. The | ||
commission shall establish periodic application cycles to enable | ||
the evaluation of groups of applicants. | ||
(b) The office may assist a local governmental entity in | ||
applying for a grant under this chapter. | ||
Sec. 436.205. PANEL: EVALUATION OF APPLICATION. (a) The | ||
commission shall establish a defense economic adjustment | ||
assistance panel composed of at least three and not more than five | ||
professional full-time employees of the office of the governor | ||
appointed by the director of the commission. | ||
(b) The panel shall evaluate each grant application and | ||
assign the applicant a score based on: | ||
(1) the significance of the adverse or positive effect | ||
within the local governmental entity, including the number of jobs | ||
that may be lost or gained in relation to the workforce in the local | ||
governmental entity's jurisdiction and the effect on the entity's | ||
and surrounding area's economy and tax revenue; | ||
(2) the extent to which the local governmental entity | ||
may have used its existing resources to promote local economic | ||
development; | ||
(3) the amount of any grant that the local | ||
governmental entity has previously received under this subchapter; | ||
(4) the anticipated number of jobs that may be created | ||
or retained in relation to the amount of the grant sought; and | ||
(5) the extent to which the grant will affect the | ||
region in which the local governmental entity is located. | ||
Sec. 436.206. MAKING OF GRANT. The panel shall submit its | ||
scores to the commission. The commission shall use the scores to | ||
determine whether to make a grant to an applicant. The commission | ||
may not make a grant unless the legislature has appropriated the | ||
money for the grant. | ||
Sec. 436.207. DEFENSE COMMUNITY WITH MORE THAN ONE MILITARY | ||
BASE. For purposes of the preference for adversely affected | ||
defense communities, a defense community that contains or is in | ||
proximity to more than one military base is considered an adversely | ||
affected defense community if the local governmental entity is | ||
applying for a grant under this subchapter for a project relating to | ||
the military base that is closed or whose operations are | ||
significantly reduced. | ||
SECTION 12. The heading to Chapter 397, Local Government | ||
Code, is amended to read as follows: | ||
CHAPTER 397. STRATEGIC PLANNING RELATING TO MILITARY BASES AND | ||
DEFENSE FACILITIES [ |
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SECTION 13. Section 397.001, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 397.001. DEFINITIONS. In this chapter: | ||
(1) [ |
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subdivision, including a municipality, county, or special | ||
district, that is adjacent to, is near, or encompasses any part of a | ||
military base or defense facility [ |
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(2) "Defense facility" means a government agency, | ||
private business, or other entity providing a United States | ||
Department of Defense related function or a private business that | ||
provides direct services or products to the United States | ||
Department of Defense. | ||
(3) "Military base" means a federally owned or | ||
operated military installation or facility that is presently | ||
functioning or was closed as a result of the United States | ||
Department of Defense base realignment process. | ||
SECTION 14. The heading to Section 397.002, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 397.002. MILITARY BASE OR DEFENSE FACILITY [ |
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SECTION 15. Subsections (a), (c), (d), and (e), Section | ||
397.002, Local Government Code, are amended to read as follows: | ||
(a) A defense community that applies for financial | ||
assistance from the Texas military value revolving loan account | ||
under Section 436.153, Government Code, shall prepare, in | ||
consultation with the authorities from each military base or | ||
defense facility [ |
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base or defense facility [ |
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statement that illustrates specific ways the funds will enhance the | ||
military or defense value of the military base or defense facility | ||
[ |
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project: | ||
(1) the purpose for which financial assistance is | ||
requested, including a description of the project; | ||
(2) the source of other funds for the project; | ||
(3) a statement on how the project will enhance the | ||
military or defense value of the military base or defense facility | ||
[ |
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(4) whether the defense community has coordinated the | ||
project with authorities of the military base or defense facility | ||
[ |
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those authorities; | ||
(5) whether any portion of the project is to occur on | ||
the military base or defense facility [ |
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(6) whether the project will have any negative impact | ||
on the natural or cultural environment; | ||
(7) a description of any known negative factors | ||
arising from the project that will affect the community or the | ||
military base or defense facility [ |
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(8) a description of how the project will address | ||
future base realignment or closure or a negative United States | ||
Department of Defense decision. | ||
(c) Two or more defense communities near the same military | ||
base or defense facility [ |
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from the Texas military value revolving loan account may prepare a | ||
joint statement. | ||
(d) A copy of the military base or defense facility [ |
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authorities of each military base or defense facility [ |
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included in the statement and the Texas Military Preparedness | ||
Commission. | ||
(e) This section does not prohibit a defense community that | ||
is not applying for financial assistance from preparing a military | ||
base or defense facility [ |
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statement under this section. | ||
SECTION 16. Subsections (a) and (c), Section 397.0021, | ||
Local Government Code, are amended to read as follows: | ||
(a) A defense community that is adjacent to a closed | ||
military base or defense facility [ |
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financial assistance from the Texas military value revolving loan | ||
account shall prepare an economic redevelopment value statement | ||
that illustrates specific ways the funds will be used to promote | ||
economic development in the community and include the following | ||
information for each project: | ||
(1) the purpose for which financial assistance is | ||
requested, including a description of the project; | ||
(2) the source of other funds for the project; | ||
(3) a statement on how the project will promote | ||
economic development in the community; | ||
(4) whether any portion of the project is to occur on a | ||
closed military base or defense facility [ |
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(5) whether any approval has been obtained from those | ||
authorities retaining or receiving title to that portion of the | ||
closed military base or defense facility [ |
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affected by the project; | ||
(6) whether the project will have any negative impact | ||
on the natural or cultural environment; and | ||
(7) a description of any known negative factors | ||
arising from the project that will affect the defense community. | ||
(c) Two or more defense communities near the same military | ||
base or defense facility [ |
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from the Texas military value revolving loan account may prepare a | ||
joint statement. | ||
SECTION 17. Sections 397.003, 397.004, and 397.005, Local | ||
Government Code, are amended to read as follows: | ||
Sec. 397.003. COMPREHENSIVE DEFENSE [ |
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COMMUNITY STRATEGIC IMPACT PLAN. (a) A defense community may | ||
request financial assistance from the Texas military value | ||
revolving loan account to prepare a comprehensive defense | ||
[ |
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defense community's long-range goals and development proposals | ||
relating to the following purposes: | ||
(1) controlling negative effects of future growth of | ||
the defense community on the military base or defense facility | ||
[ |
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training activities connected to the military base or defense | ||
facility; | ||
(2) enhancing the military or defense value of the | ||
military base or defense facility [ |
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costs; and | ||
(3) identifying which, if any, property and services | ||
in a region can be shared by the military base or defense facility | ||
[ |
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(b) The comprehensive defense [ |
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strategic impact plan should include, if appropriate, maps, | ||
diagrams, and text to support its proposals and must include the | ||
following elements as they relate to each military base or defense | ||
facility [ |
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(1) a land use element that identifies: | ||
(A) proposed distribution, location, and extent | ||
of land uses such as housing, business, industry, agriculture, | ||
recreation, public buildings and grounds, and other categories of | ||
public and private land uses as those uses may impact the [ |
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base or facility; and | ||
(B) existing and proposed regulations of land | ||
uses, including zoning, annexation, or planning regulations as | ||
those regulations may impact the [ |
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(2) a transportation element that identifies the | ||
location and extent of existing and proposed freeways, streets, and | ||
roads and other modes of transportation; | ||
(3) a population growth element that identifies past | ||
and anticipated population trends; | ||
(4) a water resources element that: | ||
(A) addresses currently available surface water | ||
and groundwater supplies; and | ||
(B) addresses future growth projections and ways | ||
in which the water supply needs of the defense community and the | ||
[ |
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resources, or if such a need is anticipated, plans for securing | ||
additional water supplies; | ||
(5) a conservation element that describes methods for | ||
conservation, development, and use of natural resources, including | ||
land, forests, soils, rivers and other waters, wildlife, and other | ||
natural resources; | ||
(6) an open-space area element that includes: | ||
(A) a list of existing open-space land areas; | ||
(B) an analysis of the [ |
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facility's forecasted needs for open-space areas to conduct its | ||
military training activities; and | ||
(C) suggested strategies under which land on | ||
which some level of development has occurred can make a transition | ||
to an open-space area, if needed; | ||
(7) a restricted airspace element that creates buffer | ||
zones, if needed, between the [ |
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defense community; and | ||
(8) a military training route element that identifies | ||
existing routes and proposes plans for additional routes, if | ||
needed. | ||
(c) Two or more defense communities near the same military | ||
base or defense facility [ |
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Sec. 397.004. PLANNING MANUAL. A defense community that | ||
has prepared a comprehensive defense [ |
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strategic impact plan described by Section 397.003 is encouraged to | ||
develop, in coordination with the authorities of each military base | ||
or defense facility [ |
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planning manual based on the proposals contained in the plan. The | ||
manual should adopt guidelines for community planning and | ||
development to further the purposes described under Section | ||
397.002. The defense community should, from time to time, consult | ||
with military base or defense facility [ |
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any changes needed in the planning manual guidelines adopted under | ||
this section. | ||
Sec. 397.005. CONSULTATION WITH OR NOTIFICATION TO MILITARY | ||
BASE OR DEFENSE FACILITY [ |
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RULE, OR PLAN. (a) This subsection applies to a defense community | ||
other than a defense community described by Subsection (b). If a | ||
defense community determines that an ordinance, rule, or plan | ||
proposed by the community may impact a military base or defense | ||
facility [ |
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connected to the base or facility, the defense community shall seek | ||
comments and analysis from the [ |
||
authorities concerning the compatibility of the proposed | ||
ordinance, rule, or plan with base operations. The defense | ||
community shall consider and analyze the comments and analysis | ||
before making a final determination relating to the proposed | ||
ordinance, rule, or plan. | ||
(b) This subsection applies only to a defense 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. A | ||
defense community that proposes to adopt or amend an ordinance, | ||
rule, or plan in an area located within eight miles of the boundary | ||
line of a military base or defense facility [ |
||
[ |
||
compatibility of the proposed ordinance, rule, or plan with base | ||
operations. | ||
SECTION 18. The heading to Section 397.006, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 397.006. CONSULTATION WITH OR NOTIFICATION TO MILITARY | ||
BASE OR DEFENSE FACILITY [ |
||
SECTION 19. Subsection (b), Section 397.006, Local | ||
Government Code, is amended to read as follows: | ||
(b) On receipt of an application for a permit as described | ||
by Section 245.001 for a proposed structure in an area located | ||
within eight miles of the boundary line of a military base or | ||
defense facility [ |
||
application shall notify the [ |
||
concerning the compatibility of the proposed structure with base | ||
operations. | ||
SECTION 20. Section 436.151, Government Code, and Chapter | ||
486, Government Code, are repealed. | ||
SECTION 21. This Act takes effect September 1, 2013. |