85R6539 SCL-F     By: Miller H.B. No. 1105       A BILL TO BE ENTITLED   AN ACT   relating to granting certain municipalities authority to adopt   development regulations around certain military facilities;   creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 7, Local Government Code, is   amended by adding Chapter 218 to read as follows:   CHAPTER 218. MUNICIPAL DEVELOPMENT REGULATIONS AROUND MILITARY   AVIATION FACILITY          Sec. 218.001.  DEFINITIONS. In this chapter:                (1)  "Agricultural use" means use or activity involving   agriculture.                (2)  "Agriculture" means:                      (A)  cultivating the soil to produce crops for   human food, animal feed, seed for planting, or the production of   fibers;                      (B)  practicing floriculture, viticulture,   silviculture, or horticulture;                      (C)  raising, feeding, or keeping animals for   breeding purposes or for the production of food, fiber, leather,   pelts, or other tangible products having commercial value;                      (D)  planting cover crops, including cover crops   cultivated for transplantation, or leaving land idle for the   purpose of participating in a governmental program or normal crop   or livestock rotation procedure; or                      (E)  engaging in wildlife management, including   the management and control of hunting, fishing, bird-watching,   sightseeing, and other outdoor recreational activities.                (3)  "Centerline" has the meaning assigned by Section   241.003.                (4)  "Military aviation facility" means a base or   station of:                      (A)  the United States Air Force under the command   of the Air Education and Training Command;                      (B)  the United States Army or Navy or the Texas   National Guard at which aviation operations or training is   conducted; or                      (C)  a municipal airport in which military flight   training occurs.          Sec. 218.002.  LEGISLATIVE FINDINGS; PURPOSE.  (a) The   legislature finds that:                (1)  the area that surrounds a military aviation   facility will be frequented for military and national security   purposes by residents from many parts of the state and nation;                (2)  a military aviation facility is essential to the   economic viability of the surrounding local community, the state,   and the nation;                (3)  orderly development and use of the area is of   concern to the entire state;                (4)  without adequate development regulations, the   area will tend to become congested and to be used in ways that   interfere with the proper use of the area as a safe and secure   location for the continuation of military operations;                (5)  a structure or electronic emission that is an   interference negatively impacts the visual, radar, radio,   navigation, or other systems for tracking, acquiring data relating   to, monitoring, or controlling aircraft, tending to diminish safety   of flight operations and destroy or impair the utility of a military   aviation facility and the public investment in the facility; and                (6)  it is imperative for the state and local   communities to protect the viability of current and future missions   at a military aviation facility by ensuring compatible land uses   are developed and no interference with flight operations is created   within the regulated area.          (b)  The powers granted under this chapter are for the   purposes of:                (1)  promoting the public health, safety, peace,   morals, and general welfare;                (2)  protecting and preserving places and areas of   military and national security importance and significance; and                (3)  encouraging state and national security.          Sec. 218.003.  AREAS SUBJECT TO REGULATION.  This chapter   applies only to an area that is located outside a military aviation   facility's boundaries and:                (1)  that extends not more than one and one-half   nautical miles from the centerline and not more than five nautical   miles from each end of the paved surface of the primary landing   strip at a military aviation facility; and                (2)  that extends not more than 25 nautical miles from a   federally owned and operated radar system on a military aviation   facility.          Sec. 218.004.  DEVELOPMENT REGULATIONS GENERALLY. (a)  The   governing bodies of each municipality in an area described by   Section 218.003 through an air base area development board   established under Section 218.005 may regulate:                (1)  in an area described by Section 218.003(1):                      (A)  the height, number of stories, and size of   buildings and other structures;                      (B)  the percentage of a lot that may be occupied;                      (C)  the size of yards, courts, and other open   spaces;                      (D)  population density;                      (E)  the location and use of buildings, other   structures, and land for business, industrial, residential, or   other purposes; and                      (F)  the placement of water and sewage facilities,   landfills, parks, retention ponds, and other required public   facilities that may be bird attractants; and                (2)  in an area described by Section 218.003(2), the   placement of wind turbines.          (b)  A development regulation adopted under this chapter may   not apply to a structure that existed on September 1, 2017, or a   structure owned by a utility as defined by Section 232.021.  A   regulation adopted under Subsection (a)(1)(C) may not apply to a   tract of land devoted to agricultural use.          (c)  A development regulation adopted under this chapter   must be consistent with and is subject to federal law, including   federal statutes, regulations, and orders relating to the placement   of a personal wireless service facility.          Sec. 218.005.  AIR BASE AREA DEVELOPMENT BOARD. (a) To   exercise the authority granted under this chapter, the governing   bodies of each municipality in the regulated area shall appoint an   air base area development board to assist in the implementation and   enforcement of development regulations adopted under this chapter.          (b)  An air base area development board is composed of:                (1)  two members appointed by the presiding officer of   the governing body of each municipality in the regulated area;                (2)  one member who owns less than 500 acres of land in   the regulated area appointed jointly by the presiding officer of   the governing body of each municipality in the regulated area;                (3)  one member who owns at least 500 acres in the   regulated area appointed jointly by the presiding officer of the   governing body of each municipality in the regulated area; and                (4)  one member appointed jointly by the members   appointed under Subdivisions (1) through (3), who serves as the   presiding officer of the board.          (c)  An air base area development board shall perform the   duties assigned under this chapter and other duties as requested by   the governing bodies to implement this chapter.          Sec. 218.006.  PROCEDURE GOVERNING ADOPTION OF REGULATIONS   AND DISTRICT BOUNDARIES.  (a) A development regulation adopted   under this chapter is not effective until it is adopted by the   governing bodies of each municipality in the regulated area after a   joint public hearing. Before the 15th day before the date of the   hearing, the governing bodies of each municipality must publish   notice in English and in Spanish of the hearing in a newspaper of   general circulation in the county in which the municipality is   located.          (b)  The governing bodies of each municipality in the   regulated area may prohibit or restrict development in the area   based on recommendations issued in a resolution adopted by the air   base area development board.  The board's recommendations must be   based on the most recent Air Installation Compatible Use Zone   Study, the most recent Joint Land Use Study, and other available and   relevant military planning data and studies.  The governing bodies   of each municipality may amend regulations adopted under this   chapter:                (1)  based on amended recommendations issued in a   resolution adopted by the air base area development board as the   studies are periodically updated; and                (2)  if each governing body makes findings that the   conclusions of the studies on which each governing body is basing   its findings accurately reflect development circumstances in the   subject area.          (c)  The governing bodies of each municipality in the   regulated area may adopt or amend a development regulation only by   an ordinance passed by a majority vote of the full membership of   each governing body.          Sec. 218.007.  COMPLIANCE WITH STUDIES AND PLANS.   Development regulations must be:                (1)  adopted in accordance with the most recent Air   Installation Compatible Use Zone Study, the most recent Joint Land   Use Study, and other available and relevant military planning data   and studies for growth and development surrounding a military   aviation facility; and                (2)  coordinated with the comprehensive plans of each   municipality in the regulated area.          Sec. 218.008.  DISTRICTS.  (a) An air base area development   board may divide the area regulated under this chapter into   districts of a number, shape, and size the board considers best for   carrying out this chapter.          (b)  Development regulations may vary from district to   district.          Sec. 218.009.  SPECIAL EXCEPTION. (a) A person aggrieved by   a development regulation adopted under this chapter may petition   the governing bodies of each municipality in the regulated area for   a special exception to the development regulation. The grant of a   special exception requires a majority vote of the full membership   of each governing body.          (b)  The governing bodies of each municipality in the   regulated area shall adopt procedures governing applications,   notice, hearings, and other matters relating to the grant of a   special exception.          (c)  On receipt of a petition for a special exception to a   development regulation under Subsection (a), the governing bodies   of each municipality in the regulated area shall notify the   affected military aviation facility of the petition.          Sec. 218.010.  ENFORCEMENT; PENALTY. (a) The governing   body of each municipality in the regulated area by ordinance shall   enforce development regulations adopted by the municipality under   this chapter.          (b)  A person commits an offense if the person violates a   development regulation ordinance adopted under this chapter. An   offense under this subsection is a misdemeanor punishable by a fine   of not less than $500 or more than $1,000. Each day that a violation   occurs constitutes a separate offense.          Sec. 218.011.  COOPERATION AMONG LOCAL ENTITIES. The   governing bodies of the municipalities in the regulated area and an   air base area development board may enter into an agreement to   cooperate in the drafting, implementation, and enforcement of   development regulations adopted under this chapter.          SECTION 2.  This Act takes effect September 1, 2017.