reglab/statecodes huggingface dataset:
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter A. General Provisions › Section 397A.001. Legislative Findings; Purpose

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.051. Applicability

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.052. Creation of Regional Military Sustainability Commission

Sec. 397A.052.  CREATION OF REGIONAL MILITARY SUSTAINABILITY COMMISSION.  (a)  This section applies only to:
(1)  a county:
(A)  in which three or more locations of a joint military base are located; and
(B)  with a population of more than 1.7 million;
(2)  a county that is adjacent to a county described by Subdivision (1); and
(3)  a municipality located in a county described by Subdivision (1) or (2).
(b)  One or more municipalities with extraterritorial jurisdiction located within five miles of the boundary line of a military installation and one or more counties with unincorporated area located within five miles of the boundary of a military installation may agree by order, ordinance, or other means to establish and fund a regional military sustainability commission under this subchapter with respect to the military installation.
(c)  A commission's territory consists of the area:
(1)  located outside the military installation's boundaries and:
(A)  within two miles of the boundary line of a military installation, except as provided by Paragraph (B); or
(B)  for a commission established for a military installation engaged in flight training at the time the commission is established, within a rectangle bounded by lines located no farther than 1-1/2 statute miles from the centerline of a runway of the installation and lines located no farther than five statute miles from each end of the paved surface of a runway of the installation;
(2)  located in:
(A)  the extraterritorial jurisdiction of a participating municipality; or
(B)  the unincorporated area of a participating county; and
(3)  designated as the commission's territory when the commission is established.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 765 , Sec. 2, eff. September 1, 2015.
(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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 765 (H.B. 2232), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 765 (H.B. 2232), Sec. 2, eff. September 1, 2015.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.053. Hearing on Creation of Commission

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.054. Members of Regional Military Sustainability Commission

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.055. Commission Review of New Projects

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.056. Regional Compatible Development Standards

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.057. Coordination With Other Plans and Studies

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.058. Conflict With Other Laws

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.059. Funds

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.060. Withdrawal From Commission

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.061. Expiration After Military Installation Closure

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter B. Regional Military Sustainability Commissions in Populous Areas › Section 397A.062. Judicial Review of Commission or Governmental Entity Decision

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.101. Applicability

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.102. Creation of Regional Military Sustainability Commission

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.103. Hearing on Creation of Commission

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.104. Members of Regional Military Sustainability Commission

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.105. Commission Review of New Projects

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.106. Regional Compatible Development Standards

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.107. Coordination With Other Plans and Studies

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.108. Conflict With Other Laws

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.109. Funds

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.110. Withdrawal From Commission

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.111. Expiration After Military Installation Closure

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 397A - Regional Military Sustainability Commissions Relating to Certain Military Installations › Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas › Section 397A.112. Judicial Review of Commission or Governmental Entity Decision

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 (H.B. 2919), Sec. 3, eff. June 19, 2009.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.001. Short Title

Sec. 399.001.  SHORT TITLE.  This chapter may be cited as the Property Assessed Clean Energy Act.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.002. Definitions

Sec. 399.002.  DEFINITIONS.  In this chapter:
(1)  "Local government" means a municipality or county.
(2)  "Program" means a program established under this chapter.
(3)  "Qualified improvement" means a permanent improvement fixed to real property and intended to decrease water or energy consumption or demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature.
(4)  "Qualified project" means the installation or modification of a qualified improvement.
(5)  "Real property" means privately owned commercial or industrial real property or residential real property with five or more dwelling units.
(6)  "Region" means a region designated under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.003. Exercise of Powers

Sec. 399.003.  EXERCISE OF POWERS.  (a)  In addition to the authority provided by Chapter 376 for municipalities, the governing body of a local government that establishes a program in accordance with the requirements provided by Section 399.008 may exercise powers granted under this chapter.
(b)  The establishment and operation of a program under this chapter by a local government is a governmental function for all purposes.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 577 (H.B. 3187), Sec. 1, eff. June 16, 2015.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.004. Authorized Assessments

Sec. 399.004.  AUTHORIZED ASSESSMENTS.  (a)  An assessment under this chapter may be imposed to repay the financing of qualified projects on real property located in a region designated under this chapter.
(b)  An assessment under this chapter may not be imposed to repay the financing of:
(1)  facilities for undeveloped lots or lots undergoing development at the time of the assessment; or
(2)  the purchase or installation of products or devices not permanently fixed to real property.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.005. Written Contract for Assessment Required

Sec. 399.005.  WRITTEN CONTRACT FOR ASSESSMENT REQUIRED.  A local government may impose an assessment under this chapter only under a written contract with the record owner of the real property to be assessed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.006. Establishment of Program

Sec. 399.006.  ESTABLISHMENT OF PROGRAM.  (a)  The governing body of a local government may determine that it is convenient and advantageous to establish a program under this chapter.
(b)  An authorized representative of the local government that establishes a program may enter into a written contract with a record owner of real property in a region designated under this chapter to impose an assessment to repay the owner's financing of a qualified project on the owner's property.  The financing to be repaid through assessments may be provided by a third party or, if authorized by the program, by the local government.
(c)  If the program provides for third-party financing, the authorized representative of the local government that enters into a written contract with a property owner under Subsection (b) must also enter into a written contract with the party that provides financing for a qualified project under the program to service the debt through assessments.
(d)  If the program provides for local government financing, the written contract described by Subsection (b) must be a contract to finance the qualified project through assessments.
(e)  The financing for which assessments are imposed may include:
(1)  the cost of materials and labor necessary for installation or modification of a qualified improvement;
(2)  permit fees;
(3)  inspection fees;
(4)  lender's fees;
(5)  program application and administrative fees;
(6)  project development and engineering fees;
(7)  third-party review fees, including verification review fees, under Section 399.011; and
(8)  any other fees or costs that may be incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis, as determined by the local government.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 577 (H.B. 3187), Sec. 2, eff. June 16, 2015.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.007. Designation of Region

Sec. 399.007.  DESIGNATION OF REGION.  (a)  The governing body of a local government may determine that it is convenient and advantageous to designate an area of the local government as a region within which the authorized representative of the local government and record owners of real property may enter into written contracts to impose assessments to repay the financing by owners of qualified projects on the owners' property and, if authorized by the local government program, finance the qualified project.
(b)  An area designated as a region by the governing body of a local government under this section:
(1)  may include the entire local government; and
(2)  must be located wholly within the local government's jurisdiction.
(c)  For purposes of determining a municipality's jurisdiction under Subsection (b)(2), the municipality's extraterritorial jurisdiction may be included.
(d)  A local government may designate more than one region.  If multiple regions are designated, the regions may be separate, overlapping, or coterminous.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 577 (H.B. 3187), Sec. 3, eff. June 16, 2015.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.010. Notice to Mortgage Holder Required for Participation

Sec. 399.010.  NOTICE TO MORTGAGE HOLDER REQUIRED FOR PARTICIPATION.  Before a local government may enter into a written contract with a record owner of real property to impose an assessment to repay the financing of a qualified project under this chapter:
(1)  the holder of any mortgage lien on the property must be given written notice of the owner's intention to participate in a program under this chapter on or before the 30th day before the date the written contract for assessment between the owner and the local government is executed; and
(2)  a written consent from the holder of the mortgage lien on the property must be obtained.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.011. Review Required

Sec. 399.011.  REVIEW REQUIRED.  (a)  A program established under this chapter must require for each proposed qualified project:
(1)  a review of water or energy baseline conditions and the projected water or energy savings to establish the projected water or energy savings; and
(2)  a verification that a proposed qualified improvement meets the requirements of a qualified project.
(a-1)  A verification provided as required under Subsection (a)(2) conclusively establishes that the improvement is a qualified improvement and the project is a qualified project.
(b)  After a qualified project is completed, the local government shall require written verification that the qualified project was properly completed and is operating as intended.
(c)  A baseline water or energy review or verification review under this section must be conducted by an independent third party.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 577 (H.B. 3187), Sec. 6, eff. June 16, 2015.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.012. Direct Acquisition by Owner

Sec. 399.012.  DIRECT ACQUISITION BY OWNER.  The proposed arrangements for financing a qualified project may authorize the property owner to:
(1)  purchase directly the related equipment and materials for the installation or modification of a qualified improvement; and
(2)  contract directly, including through lease, power purchase agreement, or other service contract, for the installation or modification of a qualified improvement.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.
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 399 - Municipal and County Water and Energy Improvement Regions › Section 399.013. Recording of Notice of Contractual Assessment Required

Sec. 399.013.  RECORDING OF NOTICE OF CONTRACTUAL ASSESSMENT REQUIRED.  (a)  A local government that authorizes financing through contractual assessments under this chapter shall file written notice of each contractual assessment in the real property records of the county in which the property is located.
(b)  The notice under Subsection (a) must contain:
(1)  the amount of the assessment;
(2)  the legal description of the property;
(3)  the name of each property owner; and
(4)  a reference to the statutory assessment lien provided under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 416 (S.B. 385), Sec. 1, eff. June 14, 2013.