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 397.005. Consultation With or Notification to Military Base or Defense Facility Authorities: Proposed Ordinance, Rule, or Plan

Sec. 397.005.  CONSULTATION WITH OR NOTIFICATION TO MILITARY BASE OR DEFENSE FACILITY AUTHORITIES:  PROPOSED ORDINANCE, RULE, OR PLAN.  (a)  This subsection applies to a defense community other than a defense community described by Subsection (b).  If a defense community determines that an ordinance, rule, or plan proposed by the community may impact a military base or defense facility or the military exercise or training activities connected to the base or facility, the defense community shall seek comments and analysis from the base or facility authorities concerning the compatibility of the proposed ordinance, rule, or plan with base operations.  The defense community shall consider and analyze the comments and analysis before making a final determination relating to the proposed ordinance, rule, or plan.
(b)  This subsection applies only to a defense community that includes a municipality with a population of more than 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.  A defense community that proposes to adopt or amend an ordinance, rule, or plan in an area located within eight miles of the boundary line of a military base or defense facility shall notify the base or facility authorities concerning the compatibility of the proposed ordinance, rule, or plan with base operations.
(c)  A defense community that proposes to adopt or amend an ordinance, rule, or plan that would be applicable in a controlled compatible land use area as defined by Section 241.003 and that may impact base operations shall notify the base or facility authorities concerning the compatibility of the proposed ordinance, rule, or plan 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.
(d)  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.
(e)  After providing notice under Subsection (c), the 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 ordinance, rule, or plan with base operations.
Added by Acts 2003, 78th Leg., ch. 149, Sec. 9, eff. May 27, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1320 (H.B. 2919), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1140 (H.B. 1665), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1140 (H.B. 1665), Sec. 2, 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. 17, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 738 (H.B. 1640), Sec. 1, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 193, eff. September 1, 2023.