2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 397 - Strategic Planning Relating to Military Bases and Defense Facilities › Section 397.006. Consultation With or Notification to Military Base or Defense Facility Authorities: Proposed Structure

Sec. 397.006.  CONSULTATION WITH OR NOTIFICATION TO MILITARY BASE OR DEFENSE FACILITY AUTHORITIES:  PROPOSED STRUCTURE.  (a)  Subsection (b) applies only to a defense community that includes a municipality with a population of more than 125,000 located primarily in a county with a population of less than 145,000 and that has not adopted airport zoning regulations under Chapter 241.
(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, the defense community reviewing the application shall notify the base or facility authorities concerning the compatibility of the proposed structure with base operations.
(c)  On receipt of an application for a permit as defined by Section 245.001 for a proposed structure that would be located in a controlled compatible land use area as defined by Section 241.003 and may impact base operations, a defense community shall notify the base or facility authorities concerning the compatibility of the proposed structure with base operations.  This subsection applies only to a defense community that has not adopted airport zoning regulations under Chapter 241 and that:
(1)  is a county with a population of more than 1.5 million that contains a municipality in which at least 70 percent of the county's population resides;
(2)  is a county with a population of 170,000 or more that is adjacent to a county described by Subdivision (1);
(3)  is located in a county described by Subdivision (1) or (2); or
(4)  is or includes a municipality that is located in a county with a population of more than 100,000 and less than 130,000 that borders the Red River.
(c-1)  A defense community described by Subsection (c) may enter into a memorandum of agreement with the military base or defense facility to establish a smaller area in the controlled compatible land use area for which notification under Subsection (c) would be required by the defense community.
(c-2)  After providing notice under Subsection (c), a defense community shall enter into a memorandum of agreement with the military base or defense facility to establish provisions to maintain the compatibility of the proposed structure with base operations.
(d)  This section does not apply if a defense community is required to take immediate action on an application to protect the public health, safety, or welfare of residents of the defense community.
Added by Acts 2009, 81st Leg., R.S., Ch. 1320 (H.B. 2919), Sec. 2, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1140 (H.B. 1665), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1140 (H.B. 1665), Sec. 4, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1140 (H.B. 1665), Sec. 5, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 777 (S.B. 1200), Sec. 18, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 777 (S.B. 1200), Sec. 19, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 738 (H.B. 1640), Sec. 2, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 194, eff. September 1, 2023.