2005 Texas Local Government Code CHAPTER 397. STRATEGIC PLANNING RELATING TO MILITARY INSTALLATIONS

LOCAL GOVERNMENT CODE

CHAPTER 397. STRATEGIC PLANNING RELATING TO MILITARY INSTALLATIONS


	§ 397.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Defense base" means a federally owned or operated 
military installation or facility that is presently functioning or 
was closed as a result of the United States Department of Defense 
base realignment process.
		(2)  "Defense community" means a political 
subdivision, including a municipality, county, or special 
district, that is adjacent to, is near, or encompasses any part of a 
defense base.

Added by Acts 2003, 78th Leg., ch. 149, § 9, eff. May 27, 2003.  
Amended by Acts 2005, 79th Leg., ch. 396, § 4, eff. June 17, 
2005;  Acts 2005, 79th Leg., ch. 1160, § 7, eff. Sept. 1, 2005.


	§ 397.002. DEFENSE BASE MILITARY VALUE ENHANCEMENT 
STATEMENT.  (a) A defense community that applies for financial 
assistance from the Texas military value revolving loan account 
under Section 436.153, Government Code, shall prepare, in 
consultation with the authorities from each defense base associated 
with the community, a defense base military value enhancement 
statement that illustrates specific ways the funds will enhance the 
military value of the installations and must include the following 
information for each project:
		(1)  the purpose for which financial assistance is 
requested, including a description of the project;
		(2)  the source of other funds for the project;                               
		(3)  a statement on how the project will enhance the 
military value of the installation;
		(4)  whether the defense community has coordinated the 
project with authorities of the military installation and whether 
any approval has been obtained from those authorities;
		(5)  whether any portion of the project is to occur on 
the military installation;
		(6)  whether the project will have any negative impact 
on the natural or cultural environment;
		(7)  a description of any known negative factors 
arising from the project that will affect the community or the 
military installation;  and
		(8)  a description of how the project will address 
future base realignment or closure.
	(b)  The Texas Military Preparedness Commission may require 
a defense community to provide any additional information the 
commission requires to evaluate the community's request for 
financial assistance under this section.
	(c)  Two or more defense communities near the same defense 
base that apply for financial assistance from the Texas military 
value revolving loan account may prepare a joint statement.
	(d)  A copy of the defense base military value enhancement 
statement shall be distributed to the authorities of each defense 
base included in the statement and the Texas Military Preparedness 
Commission.
	(e)  This section does not prohibit a defense community that 
is not applying for financial assistance from preparing a defense 
base military value enhancement statement under this section.

Added by Acts 2003, 78th Leg., ch. 149, § 9, eff. May 27, 2003.  
Amended by Acts 2005, 79th Leg., ch. 396, § 5, eff. June 17, 
2005;  Acts 2005, 79th Leg., ch. 1160, § 8, eff. Sept. 1, 2005.


	§ 397.0021. DEFENSE COMMUNITY ECONOMIC REDEVELOPMENT 
VALUE STATEMENT.  (a) A defense community that is adjacent to a 
closed military installation and applies for financial assistance 
from the Texas military value revolving loan account shall prepare 
an economic redevelopment value statement that illustrates 
specific ways the funds will be used to promote economic 
development in the community and include the following information 
for each project:
		(1)  the purpose for which financial assistance is 
requested, including a description of the project;
		(2)  the source of other funds for the project;                               
		(3)  a statement on how the project will promote 
economic development in the community;
		(4)  whether any portion of the project is to occur on a 
closed military installation;
		(5)  whether any approval has been obtained from those 
authorities retaining or receiving title to that portion of the 
closed installation to be affected by the project;
		(6)  whether the project will have any negative impact 
on the natural or cultural environment;  and
		(7)  a description of any known negative factors 
arising from the project that will affect the defense community.
	(b)  The Texas Military Preparedness Commission may require 
a defense community to provide any additional information the 
commission requires to evaluate the community's request for 
financial assistance under this section.
	(c)  Two or more defense communities near the same defense 
base that apply for financial assistance from the Texas military 
value revolving loan account may prepare a joint statement.
	(d)  A copy of the economic redevelopment value statement 
shall be distributed to the Texas Military Preparedness Commission 
and any defense community which may be affected by the resulting 
project.
	(e)  This section does not prohibit a defense community that 
is not applying for financial assistance from preparing an economic 
redevelopment value statement under this section.

Added by Acts 2005, 79th Leg., ch. 396, § 6, eff. June 17, 2005;  
Acts 2005, 79th Leg., ch. 1160, § 9, eff. Sept. 1, 2005.


	§ 397.003. COMPREHENSIVE DEFENSE INSTALLATION AND 
COMMUNITY STRATEGIC IMPACT PLAN.  (a) A defense community may 
request financial assistance from the Texas military value 
revolving loan account to prepare a comprehensive defense 
installation and community strategic impact plan that states the 
defense community's long-range goals and development proposals 
relating to the following purposes:
		(1)  controlling negative effects of future growth of 
the defense community on the defense base and minimizing 
encroachment on military exercises or training activities 
connected to the base;
		(2)  enhancing the military value of the defense base 
while reducing operating costs;  and
		(3)  identifying which, if any, property and services 
in a region can be shared by the defense base and the defense 
community.
	(b)  The comprehensive defense installation and community 
strategic impact plan should include, if appropriate, maps, 
diagrams, and text to support its proposals and must include the 
following elements as they relate to each defense base included in 
the plan:
		(1)  a land use element that identifies:                                      
			(A)  proposed distribution, location, and extent 
of land uses such as housing, business, industry, agriculture, 
recreation, public buildings and grounds, and other categories of 
public and private land uses as those uses may impact the defense 
base;  and
			(B)  existing and proposed regulations of land 
uses, including zoning, annexation, or planning regulations as 
those regulations may impact the defense base;
		(2)  a transportation element that identifies the 
location and extent of existing and proposed freeways, streets, and 
roads and other modes of transportation;
		(3)  a population growth element that identifies past 
and anticipated population trends;
		(4)  a water resources element that:                                          
			(A)  addresses currently available surface water 
and groundwater supplies;  and
			(B)  addresses future growth projections and ways 
in which the water supply needs of the defense community and the 
defense base can be adequately served by the existing resources, or 
if such a need is anticipated, plans for securing additional water 
supplies;
		(5)  a conservation element that describes methods for 
conservation, development, and use of natural resources, including 
land, forests, soils, rivers and other waters, wildlife, and other 
natural resources;
		(6)  an open-space area element that includes:                                
			(A)  a list of existing open-space land areas;                               
			(B)  an analysis of the defense base's forecasted 
needs for open-space areas to conduct its military training 
activities;  and
			(C)  suggested strategies under which land on 
which some level of development has occurred can make a transition 
to an open-space area, if needed;
		(7)  a restricted airspace element that creates buffer 
zones, if needed, between the defense base and the defense 
community;  and
		(8)  a military training route element that identifies 
existing routes and proposes plans for additional routes, if 
needed.
	(c)  Two or more defense communities near the same defense 
base may prepare a joint plan.

Added by Acts 2003, 78th Leg., ch. 149, § 9, eff. May 27, 2003.            


	§ 397.004. PLANNING MANUAL.  A defense community that has 
prepared a comprehensive defense installation and community 
strategic impact plan described by Section 397.003 is encouraged to 
develop, in coordination with the authorities of each defense base 
associated with the community, a planning manual based on the 
proposals contained in the plan.  The manual should adopt 
guidelines for community planning and development to further the 
purposes described under Section 397.002.  The defense community 
should, from time to time, consult with defense base authorities 
regarding any changes needed in the planning manual guidelines 
adopted under this section.

Added by Acts 2003, 78th Leg., ch. 149, § 9, eff. May 27, 2003.            


	§ 397.005. CONSULTATION WITH DEFENSE BASE 
AUTHORITIES.  If a defense community determines that an ordinance, 
rule, or plan proposed by the community may impact a defense base or 
the military exercise or training activities connected to the base, 
the defense community shall seek comments and analysis from the 
defense base 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.

Added by Acts 2003, 78th Leg., ch. 149, § 9, eff. May 27, 2003.