State Codes and Statutes
Statutes > Texas > Local-government-code > Title-12-planning-and-development > Chapter-397a-regional-military-sustainability-commissions-relating-to-certain-military-installations
LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE C. PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE
THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 397A. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS
RELATING TO CERTAIN MILITARY INSTALLATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 397A.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the areas that surround military installations will be
frequented for military, national security, and international
training purposes by residents from many parts of the state,
nation, and world;
(2) compatible development and use of those areas is of concern
to the state and nation; and
(3) without adequate regulation, the areas will tend to become
incompatible with military missions and will be used in ways that
interfere with:
(A) the proper continued use of those areas as secure locations
for military installations and missions; and
(B) the effective operation of the military installations and
missions.
(b) The powers granted under this chapter are for the purposes
of:
(1) promoting the public health, safety, and general welfare;
(2) protecting and preserving places and areas of military and
national security importance and significance;
(3) protecting critical military missions and operations related
to those missions; and
(4) ensuring state and national security.
(c) This chapter may not be interpreted to grant regulatory
powers to administer Chapter 245 or to amend a protection or
benefit provided by Chapter 245.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
SUBCHAPTER B. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN
POPULOUS AREAS
Sec. 397A.051. APPLICABILITY. (a) A regulation or compatible
development standard adopted under this subchapter does not apply
to:
(1) a tract of land used for a single-family residence that is
located outside the boundaries of a platted subdivision;
(2) a tract of land in agricultural use;
(3) an activity or a structure or appurtenance on a tract of
land in agricultural use; or
(4) an area designated as part of the commission's territory
under Section 397A.052 that is subject to the jurisdiction of a
regulatory agency as defined by Section 245.001, and that, on the
effective date of the Act adding this chapter, is:
(A) within the boundaries of a project as defined by Section
245.001 and any revision to the project that has accrued rights
under Chapter 245;
(B) the subject of a permit as defined by Section 245.001 issued
by or a permit application filed with a regulatory agency as
defined by Section 245.001; or
(C) subject to a plan for development or plat application filed
with a regulatory agency as defined by Section 245.001.
(b) In this section:
(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 government program or normal crop or livestock
rotation procedure; or
(E) engaging in wildlife management.
(c) A term used in this subchapter that is defined or used in
Chapter 245 has the meaning assigned by Chapter 245.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.052. CREATION OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) A county with unincorporated area located
within five miles of the boundary line of a military
installation, and a municipality with a population of 1.1 million
or more and with extraterritorial jurisdiction located within
five miles of the boundary line of a military installation, each
of which, with respect to the same military installation,
constitutes a defense community as defined by Section 397.001,
may agree by order, ordinance, or other means to establish and
fund a regional military sustainability commission under this
subchapter in an area that is located:
(1) in the same county as the active military installation; and
(2) in the extraterritorial jurisdiction of the municipality.
(b) Defense communities may not establish more than one
commission in a county.
(c) Except as provided by Subsection (d), a commission's
territory consists of the unincorporated area located within two
miles of the boundary line of a military installation designated
as the commission's territory when the commission is established.
(d) If a military installation is engaged in flight training at
the time a commission is established under this section, the
commission's territory consists of the unincorporated area
located within three miles of the boundary line of the military
installation.
(e) This subchapter shall be narrowly construed in conformity
with the findings and purposes under Section 397A.001.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.053. HEARING ON CREATION OF COMMISSION. (a) Not
earlier than the 60th day or later than the 30th day before the
date the governing body of each participating governmental entity
establishes a regional military sustainability commission, each
governing body shall hold two public hearings to consider the
creation of the proposed commission. Each governing body must,
at least seven days before each public hearing, prominently post
notice of the hearing in the administrative offices of the
governmental entity and publish notice of the hearing in a
newspaper of general circulation, if any, in the proposed
territory.
(b) The notice required by Subsection (a) must:
(1) state the date, time, and place for the public hearing;
(2) identify the boundaries of the proposed territory, including
a map of the proposed territory; and
(3) provide a description of the proposed commission's
functions.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.054. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) The regional military sustainability commission
is composed of not more than nine members.
(b) Participating governmental entities may by joint agreement
determine the number, qualifications, and method of selecting
members of a commission.
(c) A member of a commission may not be an elected official of a
participating county or municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.055. COMMISSION REVIEW OF NEW PROJECTS. (a) In this
section, "new project" means a project, as that term is defined
by Section 245.001, for which an application for a permit that
will establish a vesting date under Chapter 245 has not been
submitted to a regulatory agency before the effective date of the
Act adding this chapter. The term does not include a revision to
a project commenced before the effective date of the Act adding
this chapter.
(b) A regional military sustainability commission shall
establish an advisory committee and appoint six members to the
committee. Three of the members appointed to the committee must
represent the military installation for which the commission is
established and three members must represent landowners in the
area surrounding the military installation. The committee shall
advise the commission on protecting the critical military
missions of the military installation with regard to development.
(c) On receipt of an application for a permit for a new project
in the commission's territory, the governing body of the
participating governmental entity shall review the application
and request a report from the commission regarding the proposed
project. The commission, with the advice of the advisory
committee, shall review the compatibility of the new project with
the military installation's military missions and related
operations based on the commission's compatible development
standards. The commission shall submit a report of its findings,
including a recommendation regarding compatibility, to the
reviewing governmental entity not later than the 30th calendar
day after the date the request was made. The report must include
an estimate of the fiscal impact on the affected property of any
recommendations submitted by the commission, if the fiscal impact
is determinable based on the project description and other
information provided by the developer.
(d) The reviewing governmental entity may not take action on the
permit application until it receives the report of the
commission. If the commission finds that the proposed new
project is not compatible with the military installation's
missions and recommends denial of the permit application, the
reviewing governmental entity may disapprove the permit
application.
(e) On annexation of an area in the commission's territory for
full or limited purposes by a municipality, the area is removed
from the commission's territory. If the municipality disannexes
the area, the area is included in the commission's territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.056. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS. (a)
Before exercising the duties described by Section 397A.055, a
regional military sustainability commission shall recommend
compatible development standards for the territory. The
commission must consider, as part of the regional compatible
development standards, standards required by the Federal Aviation
Administration regulations for military installations that
service aircraft and helicopters. The commission shall submit
the proposed compatible development standards to the
participating governmental entities for approval.
(b) Before taking action to approve or reject the compatible
development standards proposed by the commission, the
participating governmental entities shall:
(1) provide notice of the commission's proposed compatible
development standards to property owners in the commission's
territory, as determined by the most recent county tax roll; and
(2) publish notice of the commission's proposed compatible
development standards in a newspaper of general circulation, if
any, in the commission's territory.
(c) The failure of notice to reach each property owner under
Subsection (b) does not invalidate compatible development
standards adopted under this section.
(d) The compatible development standards are final after
approval by a majority vote of each participating governmental
entity. Notice of the final compatible development standards
must be provided to all appropriate taxing entities for filing in
the real property records of the county.
(e) The commission may include in the proposed compatible
development standards a recommendation to a participating
governmental entity to purchase property in the commission's
territory as practical to protect a critical military mission.
(f) The commission may recommend amendments to approved
compatible development standards. The participating governmental
entities may approve the commission's proposed standards under
procedures adopted by the entities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.057. COORDINATION WITH OTHER PLANS AND STUDIES. The
compatible development standards and regulations adopted under
this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory;
(2) the comprehensive plan of the participating municipality;
and
(3) the most recent Joint Land Use Study, if the commission
makes a finding that the conclusions of the study accurately
reflect circumstances in the territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.058. CONFLICT WITH OTHER LAWS. Except with respect to
Chapter 245, if a regulation adopted under this subchapter
conflicts with a standard imposed under another statute or local
order or regulation, the more stringent standard controls.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.059. FUNDS. (a) A participating governmental entity
may appropriate funds to the commission for the costs and
expenses required in the performance of the commission's
purposes.
(b) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental entity, the state, the federal government, or any
other source.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.060. WITHDRAWAL FROM COMMISSION. A participating
governmental entity may withdraw from a regional military
sustainability commission:
(1) by a two-thirds vote of its governing body; and
(2) after providing notice to the relevant military installation
commander not later than the 45th day before the date of the vote
under Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.061. EXPIRATION AFTER MILITARY INSTALLATION CLOSURE.
A regional military sustainability commission that has territory
around a military installation that is closed by the federal
government and the regional compatible development standards for
the commission's territory may continue in effect until the
fourth anniversary of the date the military installation is
closed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.062. JUDICIAL REVIEW OF COMMISSION OR GOVERNMENTAL
ENTITY DECISION. Notwithstanding any other provision of this
subchapter, a landowner aggrieved by a report submitted by the
regional military sustainability commission or by a permit
application decision of the participating governmental entity
under this subchapter may appeal all or part of the report or
permit application decision to a district court. The court may
reverse or modify, wholly or partly, the report submitted by the
commission or the permit application decision that is appealed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
SUBCHAPTER C. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN
LESS POPULOUS AREAS
Sec. 397A.101. APPLICABILITY. (a) A regulation or compatible
development standard adopted under this subchapter does not apply
to:
(1) an area located in a county with a population of less than
5,000 that is adjacent to an international border;
(2) a tract of land used for a single-family residence that is
located outside the boundaries of a platted subdivision;
(3) a tract of land in agricultural use;
(4) an activity or a structure or appurtenance on a tract of
land in agricultural use; or
(5) any activity or a project, as that term is defined by
Section 245.001, that is:
(A) occurring or in existence on the effective date of the Act
adding this chapter; or
(B) receiving the benefits of or protected under Chapter 245.
(b) In this section, "agricultural use" and "agriculture" have
the meanings assigned by Section 397A.051.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.102. CREATION OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) A county with a population of 60,000 or less
and a municipality that, with respect to the same active military
installation, constitutes a defense community, as defined by
Section 397.001, may agree by order, ordinance, or other means to
establish and fund a regional military sustainability commission
under this subchapter in an area that is located:
(1) in the same county as the active military installation; and
(2) in the extraterritorial jurisdiction of the municipality.
(b) Defense communities may not establish more than one
commission in a county.
(c) A commission's territory consists of the unincorporated area
located within five miles of the boundary line of a military
installation designated as the commission's territory when the
commission is established.
(d) This subchapter shall be narrowly construed in conformity
with the findings and purposes under Section 397A.001.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.103. HEARING ON CREATION OF COMMISSION. (a) Not
earlier than the 60th day or later than the 30th day before the
date the governing body of each participating governmental entity
establishes a regional military sustainability commission, each
governing body shall hold two public hearings to consider the
creation of the proposed commission. Each governing body must,
at least seven days before each public hearing, prominently post
notice of the hearing in the administrative offices of the
governmental entity and publish notice of the hearing in a
newspaper of general circulation, if any, in the proposed
territory.
(b) The notice required by Subsection (a) must:
(1) state the date, time, and place for the public hearing;
(2) identify the boundaries of the proposed territory, including
a map of the proposed territory; and
(3) provide a description of the proposed commission's
functions.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.104. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) The regional military sustainability commission
is composed of not more than nine members.
(b) Participating governmental entities may by joint agreement
determine the number, qualifications, and method of selecting
members of a commission.
(c) A member of a commission may not be an elected official of a
participating county or municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.105. COMMISSION REVIEW OF NEW PROJECTS. (a) In this
section, "new project" means a project, as that term is defined
by Section 245.001, for which an application for a permit that
will establish a vesting date under Chapter 245 has not been
submitted to a regulatory agency before the effective date of the
Act adding this chapter, including a water contract, sewer
contract, or master plan.
(b) A regional military sustainability commission shall
establish an advisory committee and appoint six members to the
committee. Three of the members appointed to the committee must
represent the military installation for which the commission is
established and three members must represent landowners in the
area surrounding the military installation. The committee shall
advise the commission on protecting the critical military
missions of the military installation with regard to development.
(c) On receipt of an application for a permit for a new project
in the commission's territory, the governing body of the
participating governmental entity shall review the application
and request a report from the commission regarding the proposed
project. The commission, with the advice of the advisory
committee, shall review the compatibility of the new project with
the military installation's military missions and related
operations based on the commission's compatible development
standards. The commission shall submit a report of its findings,
including a recommendation regarding compatibility, to the
reviewing governmental entity not later than the 15th calendar
day after the date the request was made. The report must include
an estimate of the fiscal impact on the affected property of any
recommendations submitted by the commission as part of the
report.
(d) The reviewing governmental entity may not take action on the
permit application until it receives the report of the
commission. If the commission finds that the proposed new
project is not compatible with the military installation's
missions and recommends denial of the permit application, the
reviewing governmental entity may disapprove the permit
application.
(e) On annexation of an area in the commission's territory for
full or limited purposes by a municipality, the area is removed
from the commission's territory. If the municipality disannexes
the area, the area is included in the commission's territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.106. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS. (a)
Before exercising the duties described by Section 397A.105, a
regional military sustainability commission shall recommend
compatible development standards for the territory. The
commission must consider, as part of the regional compatible
development standards, the Federal Aviation Administration
regulations regarding height restrictions surrounding a military
installation that services aircraft and helicopters. The
commission shall submit the proposed compatible development
standards to the participating governmental entities for
approval.
(b) Before taking action to approve or reject the compatible
development standards proposed by the commission, the
participating governmental entities shall:
(1) provide notice of the commission's proposed compatible
development standards to property owners in the commission's
territory, as determined by the most recent county tax roll; and
(2) publish notice of the commission's proposed compatible
development standards in a newspaper of general circulation, if
any, in the commission's territory.
(c) The failure of notice to reach each property owner under
Subsection (b) does not invalidate compatible development
standards adopted under this section.
(d) The compatible development standards are final after
approval by a majority vote of each participating governmental
entity. Notice of the final compatible development standards
must be provided to all appropriate taxing entities for filing in
the real property records of the county.
(e) The commission may include in the proposed compatible
development standards a recommendation to a participating
governmental entity to purchase property in the commission's
territory as practical to protect a critical military mission.
(f) The commission may recommend amendments to approved
compatible development standards. The participating governmental
entities may approve the commission's proposed standards under
procedures adopted by the entities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.107. COORDINATION WITH OTHER PLANS AND STUDIES. The
compatible development standards and regulations adopted under
this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory;
(2) the comprehensive plan of the participating municipality;
and
(3) the most recent Joint Land Use Study, if the commission
makes a finding that the conclusions of the study accurately
reflect circumstances in the territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.108. CONFLICT WITH OTHER LAWS. Except with respect to
Chapter 245, if a regulation adopted under this subchapter
conflicts with a standard imposed under another statute or local
order or regulation, the more stringent standard controls.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.109. FUNDS. (a) A participating governmental entity
may appropriate funds to the commission for the costs and
expenses required in the performance of the commission's
purposes.
(b) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental entity, the state, the federal government, or any
other source.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.110. WITHDRAWAL FROM COMMISSION. A participating
governmental entity may withdraw from a regional military
sustainability commission:
(1) by a two-thirds vote of its governing body; and
(2) after providing notice to the relevant military installation
commander not later than the 45th day before the date of the vote
under Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.111. EXPIRATION AFTER MILITARY INSTALLATION CLOSURE.
A regional military sustainability commission that has territory
around a military installation that is closed by the federal
government and the regional compatible development standards for
the commission's territory may continue in effect until the
fourth anniversary of the date the military installation is
closed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.112. JUDICIAL REVIEW OF COMMISSION OR GOVERNMENTAL
ENTITY DECISION. Notwithstanding any other provision of this
subchapter, a landowner aggrieved by a report submitted by the
regional military sustainability commission or by a permit
application decision of the participating governmental entity
under this subchapter may appeal all or part of the report or
permit application decision to a district court, county court, or
county court at law. The court may reverse or modify, wholly or
partly, the report submitted by the commission or the permit
application decision that is appealed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
State Codes and Statutes
Statutes > Texas > Local-government-code > Title-12-planning-and-development > Chapter-397a-regional-military-sustainability-commissions-relating-to-certain-military-installations
LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE C. PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE
THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 397A. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS
RELATING TO CERTAIN MILITARY INSTALLATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 397A.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the areas that surround military installations will be
frequented for military, national security, and international
training purposes by residents from many parts of the state,
nation, and world;
(2) compatible development and use of those areas is of concern
to the state and nation; and
(3) without adequate regulation, the areas will tend to become
incompatible with military missions and will be used in ways that
interfere with:
(A) the proper continued use of those areas as secure locations
for military installations and missions; and
(B) the effective operation of the military installations and
missions.
(b) The powers granted under this chapter are for the purposes
of:
(1) promoting the public health, safety, and general welfare;
(2) protecting and preserving places and areas of military and
national security importance and significance;
(3) protecting critical military missions and operations related
to those missions; and
(4) ensuring state and national security.
(c) This chapter may not be interpreted to grant regulatory
powers to administer Chapter 245 or to amend a protection or
benefit provided by Chapter 245.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
SUBCHAPTER B. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN
POPULOUS AREAS
Sec. 397A.051. APPLICABILITY. (a) A regulation or compatible
development standard adopted under this subchapter does not apply
to:
(1) a tract of land used for a single-family residence that is
located outside the boundaries of a platted subdivision;
(2) a tract of land in agricultural use;
(3) an activity or a structure or appurtenance on a tract of
land in agricultural use; or
(4) an area designated as part of the commission's territory
under Section 397A.052 that is subject to the jurisdiction of a
regulatory agency as defined by Section 245.001, and that, on the
effective date of the Act adding this chapter, is:
(A) within the boundaries of a project as defined by Section
245.001 and any revision to the project that has accrued rights
under Chapter 245;
(B) the subject of a permit as defined by Section 245.001 issued
by or a permit application filed with a regulatory agency as
defined by Section 245.001; or
(C) subject to a plan for development or plat application filed
with a regulatory agency as defined by Section 245.001.
(b) In this section:
(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 government program or normal crop or livestock
rotation procedure; or
(E) engaging in wildlife management.
(c) A term used in this subchapter that is defined or used in
Chapter 245 has the meaning assigned by Chapter 245.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.052. CREATION OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) A county with unincorporated area located
within five miles of the boundary line of a military
installation, and a municipality with a population of 1.1 million
or more and with extraterritorial jurisdiction located within
five miles of the boundary line of a military installation, each
of which, with respect to the same military installation,
constitutes a defense community as defined by Section 397.001,
may agree by order, ordinance, or other means to establish and
fund a regional military sustainability commission under this
subchapter in an area that is located:
(1) in the same county as the active military installation; and
(2) in the extraterritorial jurisdiction of the municipality.
(b) Defense communities may not establish more than one
commission in a county.
(c) Except as provided by Subsection (d), a commission's
territory consists of the unincorporated area located within two
miles of the boundary line of a military installation designated
as the commission's territory when the commission is established.
(d) If a military installation is engaged in flight training at
the time a commission is established under this section, the
commission's territory consists of the unincorporated area
located within three miles of the boundary line of the military
installation.
(e) This subchapter shall be narrowly construed in conformity
with the findings and purposes under Section 397A.001.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.053. HEARING ON CREATION OF COMMISSION. (a) Not
earlier than the 60th day or later than the 30th day before the
date the governing body of each participating governmental entity
establishes a regional military sustainability commission, each
governing body shall hold two public hearings to consider the
creation of the proposed commission. Each governing body must,
at least seven days before each public hearing, prominently post
notice of the hearing in the administrative offices of the
governmental entity and publish notice of the hearing in a
newspaper of general circulation, if any, in the proposed
territory.
(b) The notice required by Subsection (a) must:
(1) state the date, time, and place for the public hearing;
(2) identify the boundaries of the proposed territory, including
a map of the proposed territory; and
(3) provide a description of the proposed commission's
functions.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.054. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) The regional military sustainability commission
is composed of not more than nine members.
(b) Participating governmental entities may by joint agreement
determine the number, qualifications, and method of selecting
members of a commission.
(c) A member of a commission may not be an elected official of a
participating county or municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.055. COMMISSION REVIEW OF NEW PROJECTS. (a) In this
section, "new project" means a project, as that term is defined
by Section 245.001, for which an application for a permit that
will establish a vesting date under Chapter 245 has not been
submitted to a regulatory agency before the effective date of the
Act adding this chapter. The term does not include a revision to
a project commenced before the effective date of the Act adding
this chapter.
(b) A regional military sustainability commission shall
establish an advisory committee and appoint six members to the
committee. Three of the members appointed to the committee must
represent the military installation for which the commission is
established and three members must represent landowners in the
area surrounding the military installation. The committee shall
advise the commission on protecting the critical military
missions of the military installation with regard to development.
(c) On receipt of an application for a permit for a new project
in the commission's territory, the governing body of the
participating governmental entity shall review the application
and request a report from the commission regarding the proposed
project. The commission, with the advice of the advisory
committee, shall review the compatibility of the new project with
the military installation's military missions and related
operations based on the commission's compatible development
standards. The commission shall submit a report of its findings,
including a recommendation regarding compatibility, to the
reviewing governmental entity not later than the 30th calendar
day after the date the request was made. The report must include
an estimate of the fiscal impact on the affected property of any
recommendations submitted by the commission, if the fiscal impact
is determinable based on the project description and other
information provided by the developer.
(d) The reviewing governmental entity may not take action on the
permit application until it receives the report of the
commission. If the commission finds that the proposed new
project is not compatible with the military installation's
missions and recommends denial of the permit application, the
reviewing governmental entity may disapprove the permit
application.
(e) On annexation of an area in the commission's territory for
full or limited purposes by a municipality, the area is removed
from the commission's territory. If the municipality disannexes
the area, the area is included in the commission's territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.056. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS. (a)
Before exercising the duties described by Section 397A.055, a
regional military sustainability commission shall recommend
compatible development standards for the territory. The
commission must consider, as part of the regional compatible
development standards, standards required by the Federal Aviation
Administration regulations for military installations that
service aircraft and helicopters. The commission shall submit
the proposed compatible development standards to the
participating governmental entities for approval.
(b) Before taking action to approve or reject the compatible
development standards proposed by the commission, the
participating governmental entities shall:
(1) provide notice of the commission's proposed compatible
development standards to property owners in the commission's
territory, as determined by the most recent county tax roll; and
(2) publish notice of the commission's proposed compatible
development standards in a newspaper of general circulation, if
any, in the commission's territory.
(c) The failure of notice to reach each property owner under
Subsection (b) does not invalidate compatible development
standards adopted under this section.
(d) The compatible development standards are final after
approval by a majority vote of each participating governmental
entity. Notice of the final compatible development standards
must be provided to all appropriate taxing entities for filing in
the real property records of the county.
(e) The commission may include in the proposed compatible
development standards a recommendation to a participating
governmental entity to purchase property in the commission's
territory as practical to protect a critical military mission.
(f) The commission may recommend amendments to approved
compatible development standards. The participating governmental
entities may approve the commission's proposed standards under
procedures adopted by the entities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.057. COORDINATION WITH OTHER PLANS AND STUDIES. The
compatible development standards and regulations adopted under
this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory;
(2) the comprehensive plan of the participating municipality;
and
(3) the most recent Joint Land Use Study, if the commission
makes a finding that the conclusions of the study accurately
reflect circumstances in the territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.058. CONFLICT WITH OTHER LAWS. Except with respect to
Chapter 245, if a regulation adopted under this subchapter
conflicts with a standard imposed under another statute or local
order or regulation, the more stringent standard controls.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.059. FUNDS. (a) A participating governmental entity
may appropriate funds to the commission for the costs and
expenses required in the performance of the commission's
purposes.
(b) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental entity, the state, the federal government, or any
other source.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.060. WITHDRAWAL FROM COMMISSION. A participating
governmental entity may withdraw from a regional military
sustainability commission:
(1) by a two-thirds vote of its governing body; and
(2) after providing notice to the relevant military installation
commander not later than the 45th day before the date of the vote
under Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.061. EXPIRATION AFTER MILITARY INSTALLATION CLOSURE.
A regional military sustainability commission that has territory
around a military installation that is closed by the federal
government and the regional compatible development standards for
the commission's territory may continue in effect until the
fourth anniversary of the date the military installation is
closed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.062. JUDICIAL REVIEW OF COMMISSION OR GOVERNMENTAL
ENTITY DECISION. Notwithstanding any other provision of this
subchapter, a landowner aggrieved by a report submitted by the
regional military sustainability commission or by a permit
application decision of the participating governmental entity
under this subchapter may appeal all or part of the report or
permit application decision to a district court. The court may
reverse or modify, wholly or partly, the report submitted by the
commission or the permit application decision that is appealed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
SUBCHAPTER C. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN
LESS POPULOUS AREAS
Sec. 397A.101. APPLICABILITY. (a) A regulation or compatible
development standard adopted under this subchapter does not apply
to:
(1) an area located in a county with a population of less than
5,000 that is adjacent to an international border;
(2) a tract of land used for a single-family residence that is
located outside the boundaries of a platted subdivision;
(3) a tract of land in agricultural use;
(4) an activity or a structure or appurtenance on a tract of
land in agricultural use; or
(5) any activity or a project, as that term is defined by
Section 245.001, that is:
(A) occurring or in existence on the effective date of the Act
adding this chapter; or
(B) receiving the benefits of or protected under Chapter 245.
(b) In this section, "agricultural use" and "agriculture" have
the meanings assigned by Section 397A.051.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.102. CREATION OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) A county with a population of 60,000 or less
and a municipality that, with respect to the same active military
installation, constitutes a defense community, as defined by
Section 397.001, may agree by order, ordinance, or other means to
establish and fund a regional military sustainability commission
under this subchapter in an area that is located:
(1) in the same county as the active military installation; and
(2) in the extraterritorial jurisdiction of the municipality.
(b) Defense communities may not establish more than one
commission in a county.
(c) A commission's territory consists of the unincorporated area
located within five miles of the boundary line of a military
installation designated as the commission's territory when the
commission is established.
(d) This subchapter shall be narrowly construed in conformity
with the findings and purposes under Section 397A.001.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.103. HEARING ON CREATION OF COMMISSION. (a) Not
earlier than the 60th day or later than the 30th day before the
date the governing body of each participating governmental entity
establishes a regional military sustainability commission, each
governing body shall hold two public hearings to consider the
creation of the proposed commission. Each governing body must,
at least seven days before each public hearing, prominently post
notice of the hearing in the administrative offices of the
governmental entity and publish notice of the hearing in a
newspaper of general circulation, if any, in the proposed
territory.
(b) The notice required by Subsection (a) must:
(1) state the date, time, and place for the public hearing;
(2) identify the boundaries of the proposed territory, including
a map of the proposed territory; and
(3) provide a description of the proposed commission's
functions.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.104. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) The regional military sustainability commission
is composed of not more than nine members.
(b) Participating governmental entities may by joint agreement
determine the number, qualifications, and method of selecting
members of a commission.
(c) A member of a commission may not be an elected official of a
participating county or municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.105. COMMISSION REVIEW OF NEW PROJECTS. (a) In this
section, "new project" means a project, as that term is defined
by Section 245.001, for which an application for a permit that
will establish a vesting date under Chapter 245 has not been
submitted to a regulatory agency before the effective date of the
Act adding this chapter, including a water contract, sewer
contract, or master plan.
(b) A regional military sustainability commission shall
establish an advisory committee and appoint six members to the
committee. Three of the members appointed to the committee must
represent the military installation for which the commission is
established and three members must represent landowners in the
area surrounding the military installation. The committee shall
advise the commission on protecting the critical military
missions of the military installation with regard to development.
(c) On receipt of an application for a permit for a new project
in the commission's territory, the governing body of the
participating governmental entity shall review the application
and request a report from the commission regarding the proposed
project. The commission, with the advice of the advisory
committee, shall review the compatibility of the new project with
the military installation's military missions and related
operations based on the commission's compatible development
standards. The commission shall submit a report of its findings,
including a recommendation regarding compatibility, to the
reviewing governmental entity not later than the 15th calendar
day after the date the request was made. The report must include
an estimate of the fiscal impact on the affected property of any
recommendations submitted by the commission as part of the
report.
(d) The reviewing governmental entity may not take action on the
permit application until it receives the report of the
commission. If the commission finds that the proposed new
project is not compatible with the military installation's
missions and recommends denial of the permit application, the
reviewing governmental entity may disapprove the permit
application.
(e) On annexation of an area in the commission's territory for
full or limited purposes by a municipality, the area is removed
from the commission's territory. If the municipality disannexes
the area, the area is included in the commission's territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.106. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS. (a)
Before exercising the duties described by Section 397A.105, a
regional military sustainability commission shall recommend
compatible development standards for the territory. The
commission must consider, as part of the regional compatible
development standards, the Federal Aviation Administration
regulations regarding height restrictions surrounding a military
installation that services aircraft and helicopters. The
commission shall submit the proposed compatible development
standards to the participating governmental entities for
approval.
(b) Before taking action to approve or reject the compatible
development standards proposed by the commission, the
participating governmental entities shall:
(1) provide notice of the commission's proposed compatible
development standards to property owners in the commission's
territory, as determined by the most recent county tax roll; and
(2) publish notice of the commission's proposed compatible
development standards in a newspaper of general circulation, if
any, in the commission's territory.
(c) The failure of notice to reach each property owner under
Subsection (b) does not invalidate compatible development
standards adopted under this section.
(d) The compatible development standards are final after
approval by a majority vote of each participating governmental
entity. Notice of the final compatible development standards
must be provided to all appropriate taxing entities for filing in
the real property records of the county.
(e) The commission may include in the proposed compatible
development standards a recommendation to a participating
governmental entity to purchase property in the commission's
territory as practical to protect a critical military mission.
(f) The commission may recommend amendments to approved
compatible development standards. The participating governmental
entities may approve the commission's proposed standards under
procedures adopted by the entities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.107. COORDINATION WITH OTHER PLANS AND STUDIES. The
compatible development standards and regulations adopted under
this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory;
(2) the comprehensive plan of the participating municipality;
and
(3) the most recent Joint Land Use Study, if the commission
makes a finding that the conclusions of the study accurately
reflect circumstances in the territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.108. CONFLICT WITH OTHER LAWS. Except with respect to
Chapter 245, if a regulation adopted under this subchapter
conflicts with a standard imposed under another statute or local
order or regulation, the more stringent standard controls.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.109. FUNDS. (a) A participating governmental entity
may appropriate funds to the commission for the costs and
expenses required in the performance of the commission's
purposes.
(b) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental entity, the state, the federal government, or any
other source.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.110. WITHDRAWAL FROM COMMISSION. A participating
governmental entity may withdraw from a regional military
sustainability commission:
(1) by a two-thirds vote of its governing body; and
(2) after providing notice to the relevant military installation
commander not later than the 45th day before the date of the vote
under Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.111. EXPIRATION AFTER MILITARY INSTALLATION CLOSURE.
A regional military sustainability commission that has territory
around a military installation that is closed by the federal
government and the regional compatible development standards for
the commission's territory may continue in effect until the
fourth anniversary of the date the military installation is
closed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.112. JUDICIAL REVIEW OF COMMISSION OR GOVERNMENTAL
ENTITY DECISION. Notwithstanding any other provision of this
subchapter, a landowner aggrieved by a report submitted by the
regional military sustainability commission or by a permit
application decision of the participating governmental entity
under this subchapter may appeal all or part of the report or
permit application decision to a district court, county court, or
county court at law. The court may reverse or modify, wholly or
partly, the report submitted by the commission or the permit
application decision that is appealed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
State Codes and Statutes
Statutes >
Texas >
Local-government-code >
Title-12-planning-and-development >
Chapter-397a-regional-military-sustainability-commissions-relating-to-certain-military-installations LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE C. PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE
THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 397A. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS
RELATING TO CERTAIN MILITARY INSTALLATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 397A.001. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the areas that surround military installations will be
frequented for military, national security, and international
training purposes by residents from many parts of the state,
nation, and world;
(2) compatible development and use of those areas is of concern
to the state and nation; and
(3) without adequate regulation, the areas will tend to become
incompatible with military missions and will be used in ways that
interfere with:
(A) the proper continued use of those areas as secure locations
for military installations and missions; and
(B) the effective operation of the military installations and
missions.
(b) The powers granted under this chapter are for the purposes
of:
(1) promoting the public health, safety, and general welfare;
(2) protecting and preserving places and areas of military and
national security importance and significance;
(3) protecting critical military missions and operations related
to those missions; and
(4) ensuring state and national security.
(c) This chapter may not be interpreted to grant regulatory
powers to administer Chapter 245 or to amend a protection or
benefit provided by Chapter 245.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
SUBCHAPTER B. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN
POPULOUS AREAS
Sec. 397A.051. APPLICABILITY. (a) A regulation or compatible
development standard adopted under this subchapter does not apply
to:
(1) a tract of land used for a single-family residence that is
located outside the boundaries of a platted subdivision;
(2) a tract of land in agricultural use;
(3) an activity or a structure or appurtenance on a tract of
land in agricultural use; or
(4) an area designated as part of the commission's territory
under Section 397A.052 that is subject to the jurisdiction of a
regulatory agency as defined by Section 245.001, and that, on the
effective date of the Act adding this chapter, is:
(A) within the boundaries of a project as defined by Section
245.001 and any revision to the project that has accrued rights
under Chapter 245;
(B) the subject of a permit as defined by Section 245.001 issued
by or a permit application filed with a regulatory agency as
defined by Section 245.001; or
(C) subject to a plan for development or plat application filed
with a regulatory agency as defined by Section 245.001.
(b) In this section:
(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 government program or normal crop or livestock
rotation procedure; or
(E) engaging in wildlife management.
(c) A term used in this subchapter that is defined or used in
Chapter 245 has the meaning assigned by Chapter 245.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.052. CREATION OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) A county with unincorporated area located
within five miles of the boundary line of a military
installation, and a municipality with a population of 1.1 million
or more and with extraterritorial jurisdiction located within
five miles of the boundary line of a military installation, each
of which, with respect to the same military installation,
constitutes a defense community as defined by Section 397.001,
may agree by order, ordinance, or other means to establish and
fund a regional military sustainability commission under this
subchapter in an area that is located:
(1) in the same county as the active military installation; and
(2) in the extraterritorial jurisdiction of the municipality.
(b) Defense communities may not establish more than one
commission in a county.
(c) Except as provided by Subsection (d), a commission's
territory consists of the unincorporated area located within two
miles of the boundary line of a military installation designated
as the commission's territory when the commission is established.
(d) If a military installation is engaged in flight training at
the time a commission is established under this section, the
commission's territory consists of the unincorporated area
located within three miles of the boundary line of the military
installation.
(e) This subchapter shall be narrowly construed in conformity
with the findings and purposes under Section 397A.001.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.053. HEARING ON CREATION OF COMMISSION. (a) Not
earlier than the 60th day or later than the 30th day before the
date the governing body of each participating governmental entity
establishes a regional military sustainability commission, each
governing body shall hold two public hearings to consider the
creation of the proposed commission. Each governing body must,
at least seven days before each public hearing, prominently post
notice of the hearing in the administrative offices of the
governmental entity and publish notice of the hearing in a
newspaper of general circulation, if any, in the proposed
territory.
(b) The notice required by Subsection (a) must:
(1) state the date, time, and place for the public hearing;
(2) identify the boundaries of the proposed territory, including
a map of the proposed territory; and
(3) provide a description of the proposed commission's
functions.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.054. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) The regional military sustainability commission
is composed of not more than nine members.
(b) Participating governmental entities may by joint agreement
determine the number, qualifications, and method of selecting
members of a commission.
(c) A member of a commission may not be an elected official of a
participating county or municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.055. COMMISSION REVIEW OF NEW PROJECTS. (a) In this
section, "new project" means a project, as that term is defined
by Section 245.001, for which an application for a permit that
will establish a vesting date under Chapter 245 has not been
submitted to a regulatory agency before the effective date of the
Act adding this chapter. The term does not include a revision to
a project commenced before the effective date of the Act adding
this chapter.
(b) A regional military sustainability commission shall
establish an advisory committee and appoint six members to the
committee. Three of the members appointed to the committee must
represent the military installation for which the commission is
established and three members must represent landowners in the
area surrounding the military installation. The committee shall
advise the commission on protecting the critical military
missions of the military installation with regard to development.
(c) On receipt of an application for a permit for a new project
in the commission's territory, the governing body of the
participating governmental entity shall review the application
and request a report from the commission regarding the proposed
project. The commission, with the advice of the advisory
committee, shall review the compatibility of the new project with
the military installation's military missions and related
operations based on the commission's compatible development
standards. The commission shall submit a report of its findings,
including a recommendation regarding compatibility, to the
reviewing governmental entity not later than the 30th calendar
day after the date the request was made. The report must include
an estimate of the fiscal impact on the affected property of any
recommendations submitted by the commission, if the fiscal impact
is determinable based on the project description and other
information provided by the developer.
(d) The reviewing governmental entity may not take action on the
permit application until it receives the report of the
commission. If the commission finds that the proposed new
project is not compatible with the military installation's
missions and recommends denial of the permit application, the
reviewing governmental entity may disapprove the permit
application.
(e) On annexation of an area in the commission's territory for
full or limited purposes by a municipality, the area is removed
from the commission's territory. If the municipality disannexes
the area, the area is included in the commission's territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.056. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS. (a)
Before exercising the duties described by Section 397A.055, a
regional military sustainability commission shall recommend
compatible development standards for the territory. The
commission must consider, as part of the regional compatible
development standards, standards required by the Federal Aviation
Administration regulations for military installations that
service aircraft and helicopters. The commission shall submit
the proposed compatible development standards to the
participating governmental entities for approval.
(b) Before taking action to approve or reject the compatible
development standards proposed by the commission, the
participating governmental entities shall:
(1) provide notice of the commission's proposed compatible
development standards to property owners in the commission's
territory, as determined by the most recent county tax roll; and
(2) publish notice of the commission's proposed compatible
development standards in a newspaper of general circulation, if
any, in the commission's territory.
(c) The failure of notice to reach each property owner under
Subsection (b) does not invalidate compatible development
standards adopted under this section.
(d) The compatible development standards are final after
approval by a majority vote of each participating governmental
entity. Notice of the final compatible development standards
must be provided to all appropriate taxing entities for filing in
the real property records of the county.
(e) The commission may include in the proposed compatible
development standards a recommendation to a participating
governmental entity to purchase property in the commission's
territory as practical to protect a critical military mission.
(f) The commission may recommend amendments to approved
compatible development standards. The participating governmental
entities may approve the commission's proposed standards under
procedures adopted by the entities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.057. COORDINATION WITH OTHER PLANS AND STUDIES. The
compatible development standards and regulations adopted under
this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory;
(2) the comprehensive plan of the participating municipality;
and
(3) the most recent Joint Land Use Study, if the commission
makes a finding that the conclusions of the study accurately
reflect circumstances in the territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.058. CONFLICT WITH OTHER LAWS. Except with respect to
Chapter 245, if a regulation adopted under this subchapter
conflicts with a standard imposed under another statute or local
order or regulation, the more stringent standard controls.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.059. FUNDS. (a) A participating governmental entity
may appropriate funds to the commission for the costs and
expenses required in the performance of the commission's
purposes.
(b) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental entity, the state, the federal government, or any
other source.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.060. WITHDRAWAL FROM COMMISSION. A participating
governmental entity may withdraw from a regional military
sustainability commission:
(1) by a two-thirds vote of its governing body; and
(2) after providing notice to the relevant military installation
commander not later than the 45th day before the date of the vote
under Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.061. EXPIRATION AFTER MILITARY INSTALLATION CLOSURE.
A regional military sustainability commission that has territory
around a military installation that is closed by the federal
government and the regional compatible development standards for
the commission's territory may continue in effect until the
fourth anniversary of the date the military installation is
closed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.062. JUDICIAL REVIEW OF COMMISSION OR GOVERNMENTAL
ENTITY DECISION. Notwithstanding any other provision of this
subchapter, a landowner aggrieved by a report submitted by the
regional military sustainability commission or by a permit
application decision of the participating governmental entity
under this subchapter may appeal all or part of the report or
permit application decision to a district court. The court may
reverse or modify, wholly or partly, the report submitted by the
commission or the permit application decision that is appealed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
SUBCHAPTER C. REGIONAL MILITARY SUSTAINABILITY COMMISSIONS IN
LESS POPULOUS AREAS
Sec. 397A.101. APPLICABILITY. (a) A regulation or compatible
development standard adopted under this subchapter does not apply
to:
(1) an area located in a county with a population of less than
5,000 that is adjacent to an international border;
(2) a tract of land used for a single-family residence that is
located outside the boundaries of a platted subdivision;
(3) a tract of land in agricultural use;
(4) an activity or a structure or appurtenance on a tract of
land in agricultural use; or
(5) any activity or a project, as that term is defined by
Section 245.001, that is:
(A) occurring or in existence on the effective date of the Act
adding this chapter; or
(B) receiving the benefits of or protected under Chapter 245.
(b) In this section, "agricultural use" and "agriculture" have
the meanings assigned by Section 397A.051.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.102. CREATION OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) A county with a population of 60,000 or less
and a municipality that, with respect to the same active military
installation, constitutes a defense community, as defined by
Section 397.001, may agree by order, ordinance, or other means to
establish and fund a regional military sustainability commission
under this subchapter in an area that is located:
(1) in the same county as the active military installation; and
(2) in the extraterritorial jurisdiction of the municipality.
(b) Defense communities may not establish more than one
commission in a county.
(c) A commission's territory consists of the unincorporated area
located within five miles of the boundary line of a military
installation designated as the commission's territory when the
commission is established.
(d) This subchapter shall be narrowly construed in conformity
with the findings and purposes under Section 397A.001.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.103. HEARING ON CREATION OF COMMISSION. (a) Not
earlier than the 60th day or later than the 30th day before the
date the governing body of each participating governmental entity
establishes a regional military sustainability commission, each
governing body shall hold two public hearings to consider the
creation of the proposed commission. Each governing body must,
at least seven days before each public hearing, prominently post
notice of the hearing in the administrative offices of the
governmental entity and publish notice of the hearing in a
newspaper of general circulation, if any, in the proposed
territory.
(b) The notice required by Subsection (a) must:
(1) state the date, time, and place for the public hearing;
(2) identify the boundaries of the proposed territory, including
a map of the proposed territory; and
(3) provide a description of the proposed commission's
functions.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.104. MEMBERS OF REGIONAL MILITARY SUSTAINABILITY
COMMISSION. (a) The regional military sustainability commission
is composed of not more than nine members.
(b) Participating governmental entities may by joint agreement
determine the number, qualifications, and method of selecting
members of a commission.
(c) A member of a commission may not be an elected official of a
participating county or municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.105. COMMISSION REVIEW OF NEW PROJECTS. (a) In this
section, "new project" means a project, as that term is defined
by Section 245.001, for which an application for a permit that
will establish a vesting date under Chapter 245 has not been
submitted to a regulatory agency before the effective date of the
Act adding this chapter, including a water contract, sewer
contract, or master plan.
(b) A regional military sustainability commission shall
establish an advisory committee and appoint six members to the
committee. Three of the members appointed to the committee must
represent the military installation for which the commission is
established and three members must represent landowners in the
area surrounding the military installation. The committee shall
advise the commission on protecting the critical military
missions of the military installation with regard to development.
(c) On receipt of an application for a permit for a new project
in the commission's territory, the governing body of the
participating governmental entity shall review the application
and request a report from the commission regarding the proposed
project. The commission, with the advice of the advisory
committee, shall review the compatibility of the new project with
the military installation's military missions and related
operations based on the commission's compatible development
standards. The commission shall submit a report of its findings,
including a recommendation regarding compatibility, to the
reviewing governmental entity not later than the 15th calendar
day after the date the request was made. The report must include
an estimate of the fiscal impact on the affected property of any
recommendations submitted by the commission as part of the
report.
(d) The reviewing governmental entity may not take action on the
permit application until it receives the report of the
commission. If the commission finds that the proposed new
project is not compatible with the military installation's
missions and recommends denial of the permit application, the
reviewing governmental entity may disapprove the permit
application.
(e) On annexation of an area in the commission's territory for
full or limited purposes by a municipality, the area is removed
from the commission's territory. If the municipality disannexes
the area, the area is included in the commission's territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.106. REGIONAL COMPATIBLE DEVELOPMENT STANDARDS. (a)
Before exercising the duties described by Section 397A.105, a
regional military sustainability commission shall recommend
compatible development standards for the territory. The
commission must consider, as part of the regional compatible
development standards, the Federal Aviation Administration
regulations regarding height restrictions surrounding a military
installation that services aircraft and helicopters. The
commission shall submit the proposed compatible development
standards to the participating governmental entities for
approval.
(b) Before taking action to approve or reject the compatible
development standards proposed by the commission, the
participating governmental entities shall:
(1) provide notice of the commission's proposed compatible
development standards to property owners in the commission's
territory, as determined by the most recent county tax roll; and
(2) publish notice of the commission's proposed compatible
development standards in a newspaper of general circulation, if
any, in the commission's territory.
(c) The failure of notice to reach each property owner under
Subsection (b) does not invalidate compatible development
standards adopted under this section.
(d) The compatible development standards are final after
approval by a majority vote of each participating governmental
entity. Notice of the final compatible development standards
must be provided to all appropriate taxing entities for filing in
the real property records of the county.
(e) The commission may include in the proposed compatible
development standards a recommendation to a participating
governmental entity to purchase property in the commission's
territory as practical to protect a critical military mission.
(f) The commission may recommend amendments to approved
compatible development standards. The participating governmental
entities may approve the commission's proposed standards under
procedures adopted by the entities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.107. COORDINATION WITH OTHER PLANS AND STUDIES. The
compatible development standards and regulations adopted under
this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory;
(2) the comprehensive plan of the participating municipality;
and
(3) the most recent Joint Land Use Study, if the commission
makes a finding that the conclusions of the study accurately
reflect circumstances in the territory.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.108. CONFLICT WITH OTHER LAWS. Except with respect to
Chapter 245, if a regulation adopted under this subchapter
conflicts with a standard imposed under another statute or local
order or regulation, the more stringent standard controls.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.109. FUNDS. (a) A participating governmental entity
may appropriate funds to the commission for the costs and
expenses required in the performance of the commission's
purposes.
(b) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental entity, the state, the federal government, or any
other source.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.110. WITHDRAWAL FROM COMMISSION. A participating
governmental entity may withdraw from a regional military
sustainability commission:
(1) by a two-thirds vote of its governing body; and
(2) after providing notice to the relevant military installation
commander not later than the 45th day before the date of the vote
under Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.111. EXPIRATION AFTER MILITARY INSTALLATION CLOSURE.
A regional military sustainability commission that has territory
around a military installation that is closed by the federal
government and the regional compatible development standards for
the commission's territory may continue in effect until the
fourth anniversary of the date the military installation is
closed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
Sec. 397A.112. JUDICIAL REVIEW OF COMMISSION OR GOVERNMENTAL
ENTITY DECISION. Notwithstanding any other provision of this
subchapter, a landowner aggrieved by a report submitted by the
regional military sustainability commission or by a permit
application decision of the participating governmental entity
under this subchapter may appeal all or part of the report or
permit application decision to a district court, county court, or
county court at law. The court may reverse or modify, wholly or
partly, the report submitted by the commission or the permit
application decision that is appealed.
Added by Acts 2009, 81st Leg., R.S., Ch.
1320, Sec. 3, eff. June 19, 2009.
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