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.
Structure Texas Statutes
Title 12 - Planning and Development
Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government
Subchapter C. Regional Military Sustainability Commissions in Less Populous Areas
Section 397A.101. Applicability
Section 397A.102. Creation of Regional Military Sustainability Commission
Section 397A.103. Hearing on Creation of Commission
Section 397A.104. Members of Regional Military Sustainability Commission
Section 397A.105. Commission Review of New Projects
Section 397A.106. Regional Compatible Development Standards
Section 397A.107. Coordination With Other Plans and Studies
Section 397A.108. Conflict With Other Laws
Section 397A.110. Withdrawal From Commission
Section 397A.111. Expiration After Military Installation Closure
Section 397A.112. Judicial Review of Commission or Governmental Entity Decision