Sec. 397.005. CONSULTATION WITH OR NOTIFICATION TO DEFENSE BASE AUTHORITIES: PROPOSED ORDINANCE, RULE, OR PLAN  


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  • (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 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.

    (b) This subsection applies only to a defense community that includes a municipality with a population of more than 110,000 located in a county with a population of less than 135,000 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 defense base shall notify the defense base authorities concerning the compatibility of the proposed ordinance, rule, or plan with base operations.

    (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1140, Sec. 5, eff. June 17, 2011.

Added by Acts 2003, 78th Leg., ch. 149, Sec. 9, eff. May 27, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1320 , Sec. 1, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1140 , Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1140 , Sec. 2, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1140 , Sec. 5, eff. June 17, 2011.