TRANSPORTATION CODE
CHAPTER 22. COUNTY AND MUNICIPAL AIRPORTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 22.001. DEFINITIONS. In this chapter:
(1) "Air navigation facility" means:
(A) a facility, other than one owned and operated
by the United States, used in or available or designed for use in
aid of air navigation, including a structure, mechanism, light,
beacon, marker, communications system, or other instrumentality;
(B) a device used or useful as an aid in the safe
landing, navigation, or takeoff of aircraft or the safe and
efficient operation or maintenance of an airport; or
(C) a combination of those facilities or devices.
(2) "Airport" means:
(A) an area used or intended for use for the
landing and takeoff of aircraft;
(B) an appurtenant area used or intended for use
for an airport building or other airport facility or right-of-way;
and
(C) an airport building or facility located on an
appurtenant area.
(3) "Airport hazard" means a structure, object of
natural growth, or use of land that:
(A) obstructs the airspace required for the
flight of aircraft in landing at or taking off from an airport; or
(B) is hazardous to the landing or takeoff of
aircraft at an airport.
(4) "Airport hazard area" means an area on which an
airport hazard could exist.
(5) "Area" includes land or water.
(6) "Local government" means a county or municipality
in this state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.002. PUBLIC PURPOSE; COUNTY OR MUNICIPAL
PURPOSE. (a) Subject to Chapter 101, Civil Practice and Remedies
Code, the following functions are public and governmental
functions, exercised for a public purpose, and matters of public
necessity:
(1) the acquisition of an interest in real property
under this chapter;
(2) the planning, acquisition, establishment,
construction, improvement, equipping, maintenance, operation,
regulation, protection, and policing of an airport or air
navigation facility under this chapter, including the acquisition
or elimination of an airport hazard;
(3) the exercise of any other power granted by this
chapter to local governments and other public agencies, to be
severally or jointly exercised; and
(4) the acquisition and use of property and privileges
by or on behalf of a local government or other public agency in the
manner and for the purposes described by this chapter.
(b) In the case of a county, a function described by
Subsection (a) is a county function and purpose. In the case of a
municipality, a function described by Subsection (a) is a municipal
function and purpose.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.003. INTERPRETATION AND CONSTRUCTION. This
chapter shall be interpreted to make uniform as far as possible the
laws and regulations of this state, other states, and the United
States relating to local governmental airports.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. ESTABLISHMENT, ACQUISITION, OPERATION, MAINTENANCE,
AND DISPOSAL OF AIRPORTS AND AIR NAVIGATION FACILITIES
§ 22.011. GENERAL POWERS REGARDING AIRPORTS AND AIR
NAVIGATION FACILITIES. (a) A local government may plan,
establish, construct, improve, equip, maintain, operate, regulate,
protect, and police an airport or air navigation facility in or
outside:
(1) the territory of the local government; or
(2) the territory of this state.
(b) The power granted under Subsection (a) includes:
(1) constructing, installing, equipping, maintaining,
and operating at an airport a building or other facility, including
a building or other facility for:
(A) the landing and takeoff of aircraft;
(B) cargo, freight, and mail handling, storage,
and processing;
(C) the servicing or retrofitting of aircraft,
aerospace aircraft, and other equipment and vehicles related to air
transportation or aerospace flight; and
(D) the comfort and accommodation of air
travelers, including a facility commonly found and provided at an
airport; and
(2) buying and selling goods as an incident to the
operation of the local government's airport.
(c) A local government, by eminent domain or any other
method, may acquire an interest in property, including an easement
in an airport hazard or land outside the boundaries of an airport or
airport site:
(1) for a purpose described by Subsection (a); and
(2) as necessary to permit the safe and efficient
operation of the airport or to prevent, eliminate, or mark an
airport hazard.
(d) A local government may acquire an existing airport or
air navigation facility but may not acquire or take over an airport
or air navigation facility owned or controlled by another local
government or public agency of this state or another state without
the consent of the other local government or the public agency.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.012. FINANCING OF AIRPORT FACILITIES. Under
Section 52-a, Article III, Texas Constitution, a local government
may finance facilities to be located on airport property, other
than those described by Section 22.011(b)(1), that the local
government determines to be:
(1) beneficial to the operation or economic
development of an airport; and
(2) for the public purpose of development and
diversification of the economy.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.013. ESTABLISHMENT OF AIRPORTS ON PUBLIC
WATERS. For the purposes of this chapter, a local government may:
(1) establish, acquire, or maintain, in or bordering
the territory of the local government, an airport in, over, and on
the public water of this state, submerged land under the public
water of this state, or artificial or reclaimed land that before the
artificial making or reclamation of that land was submerged under
the public water of this state; and
(2) construct and maintain a terminal building,
landing float, causeway, roadway, or bridge for an approach to or
connection with an airport described by Subdivision (1) or a
landing float or breakwater for the protection of an airport
described by Subdivision (1).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.014. RULES AND JURISDICTION. (a) A local
government may adopt ordinances, resolutions, rules, and orders
necessary to manage, govern, and use an airport or air navigation
facility under its control or an airport hazard area relating to the
airport. This authority applies to an airport, air navigation
facility, or airport hazard area in or outside the territory of the
local government.
(b) An airport, air navigation facility, or airport hazard
area that is controlled and operated by a local government and that
is located outside the territory of the local government is,
subject to federal and state law, under the jurisdiction and
control of that local government. Another local government may not
impose a license fee or occupation tax for operations on the
airport, air navigation facility, or airport hazard area.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.015. ENFORCEMENT OF RULES. To enforce an
ordinance, resolution, rule, or order adopted under Section
22.014(a), a local government, by ordinance or resolution as
appropriate, may appoint airport guards or police, with full police
powers, and establish a penalty for a violation of an ordinance,
resolution, rule, or order, within the limits prescribed by law. A
penalty is enforced in the same manner in which a penalty prescribed
by other ordinances or resolutions of the local government is
enforced.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.016. RELATIONSHIP TO ZONING. This chapter does
not:
(1) authorize a local government to adopt an
ordinance, resolution, rule, or order that establishes zones or
otherwise regulates the height of structures or natural growths in
an area or in a manner other than as provided by Chapter 241, Local
Government Code; or
(2) limit the power of a local government to regulate
airport hazards by zoning.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.017. DELEGATION OF AUTHORITY TO OFFICER, BOARD, OR
AGENCY. (a) The governing body of a local government by
resolution may delegate to an officer, board, or other local
governmental agency any power granted by this chapter to the local
government or the governing body for planning, establishing,
constructing, improving, equipping, maintaining, operating,
regulating, protecting, and policing an airport or air navigation
facility established, owned, or controlled or to be established,
owned, or controlled by the local government. The resolution must
prescribe the powers and duties of the officer, board, or other
local governmental agency.
(b) Notwithstanding Subsection (a), the local government is
responsible for the expenses of planning, establishing,
constructing, improving, equipping, maintaining, operating,
regulating, protecting, and policing the airport or other air
navigation facility.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.018. DESIGNATION OF TEXAS DEPARTMENT OF
TRANSPORTATION AS AGENT IN CONTRACTING AND SUPERVISING. (a) A
local government may designate the Texas Department of
Transportation as its agent in contracting for and supervising the
planning, acquiring, constructing, improving, equipping,
maintaining, or operating of an airport or air navigation facility.
(b) A local government may enter into an agreement with the
department prescribing the terms of the agency relationship in
accordance with the terms prescribed by the United States, if
federal money is involved, and in accordance with the laws of this
state.
(c) The department, in acting as the agent of a local
government under this section, shall make each contract in
accordance with the law governing the making of contracts by or on
behalf of the state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.019. CONTRACTS. A local government may enter into
a contract necessary to the execution of a power granted the local
government and for a purpose provided by this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.020. OPERATION OF AIRPORT BY ANOTHER. (a) A local
government, by contract, lease, or other arrangement, on a
consideration fixed by the local government and for a term not to
exceed 40 years, may authorize a qualified person to operate, as the
agent of the local government or otherwise, an airport owned or
controlled by the local government.
(b) A local government may not authorize a person to:
(1) operate the airport except as a public airport; or
(2) enter into a contract, lease, or other agreement
in connection with the operation of the airport that the local
government may not have made under Section 22.021.
(c) An arrangement made under this section must be made
subject to the terms of a grant, loan, or agreement under Section
22.055.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.021. USE OF AIRPORT BY ANOTHER. (a) In operating
an airport or air navigation facility that it owns, leases, or
controls, a local government may enter into a contract, lease, or
other arrangement for a term not exceeding 40 years with a person:
(1) granting the privilege of using or improving the
airport or air navigation facility, a portion or facility of the
airport or air navigation facility, or space in the airport or air
navigation facility for commercial purposes;
(2) conferring the privilege of supplying goods,
services, or facilities at the airport or air navigation facility;
or
(3) making available services to be furnished by the
local government or its agents at the airport or air navigation
facility.
(b) In entering into the contract, lease, or other
arrangement, the local government may establish the terms and fix
the charges, rentals, or fees for the privileges or services. The
charges, rentals, and fees must be reasonable and uniform for the
same class of privilege or service and shall be established with due
regard to the property and improvements used and the expenses of
operation to the local government.
(c) An arrangement made under this section must be made
subject to the terms of a grant, loan, or agreement under Section
22.055.
(d) The 40-year limit on the term of a contract, lease, or
other arrangement provided by Subsection (a) does not apply to a
contract, lease, or other arrangement under this section between a
local government and this state, the United States, or an agency or
instrumentality of this state or the United States.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 557, § 1, eff. June 2, 1997.
§ 22.022. DURATION OF CERTAIN LEASES. (a) A lease of
real property may not exceed 40 years if:
(1) the lease is made under Section 22.011(c) or (d),
Section 22.020, or Section 22.021; and
(2) at the time of the execution of the lease, the
property is used as nonaeronautical property and is located on an
airport on which there are active federal governmental aircraft
operations on federal government property.
(b) A renewal or extension of a lease under Subsection (a)
may not exceed 40 years. If the lease provides for more than one
renewal or extension, the renewals or extensions may not in the
aggregate exceed 40 years.
(c) This section does not prevent the parties to a lease
from making a new lease to take effect after the expiration of the
previous lease or after the expiration of the period covered by a
renewal or extension of the previous lease.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.023. LIENS. A local government has a lien on
personal property to enforce the payment of a charge for repairs or
improvements to, or the storage or care of, the property if the
property is made or furnished by the local government or its agents
in connection with the operation of an airport or air navigation
facility owned or operated by the local government. The lien is
enforceable as provided by law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.024. DISPOSAL OF AIRPORT PROPERTY BY LOCAL
GOVERNMENT. (a) A local government may dispose of an airport or
air navigation facility or other property, or a portion of or
interest in property, acquired under this chapter in any manner,
subject to the laws of this state or provisions of the charter of
the local government governing the disposition of other property of
the local government.
(b) A local government may dispose of the property to
another local government or an agency of the state or federal
government for use for aeronautical purposes, notwithstanding
Subsection (a), in the manner and on the terms the governing body of
the local government considers to be in the best interest of the
local government.
(c) An arrangement made under this section is subject to the
terms of a grant, loan, or agreement under Section 22.055.
(d) Notwithstanding Subsection (a), the competitive bidding
requirements of Chapters 252 and 272, Local Government Code, do not
apply to an exchange, sale, lease, or other disposition of land or
other real property interest by a municipality if:
(1) the land or other property interest is part of an
air navigation facility that is a former military installation;
and
(2) the disposition:
(A) is part of a plan to redevelop the facility as
an airport-related industrial park or community; and
(B) promotes the best interest of the
municipality.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 358, § 1, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1516, § 3, eff. June 17, 2001.
§ 22.025. LIMITATION ON DESIGN AND OPERATION OF AIR
NAVIGATION FACILITIES. An air navigation facility established or
operated by a local government shall be supplementary to and
coordinated in design and operation with those established and
operated by the federal and state governments.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.026. NOISE ABATEMENT. (a) The governing body of a
municipality that owns an airport and is a party to an executory
grant agreement with the Federal Aviation Administration requiring
the municipality to plan, design, and acquire land for a
replacement airport shall:
(1) comply with the Aviation Safety and Noise
Abatement Act of 1979 (49 U.S.C. § 2101 et seq.);
(2) provide adequate soundproofing and noise
reduction devices for each public building within the 65 or higher
average day-night sound level contour as determined by the
governing body in accordance with Federal Aviation Administration
Advisory Circulars; or
(3) award a contract for land acquisition services for
the purchase of real property required for the site of a replacement
airport, complete a master plan for the replacement airport, and
provide the replacement airport.
(b) A court may grant appropriate relief to enforce this
section in a suit brought by an affected person.
(c) In this section:
(1) "Public building" means a church, public or
private hospital, or building owned or leased by a governmental
entity, including a public school.
(2) "Replacement airport" means a new airport that is
planned, designed, and constructed to replace a municipal airport
operating on August 28, 1989.
(d) Expired.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.027. MUNICIPAL PERMISSION FOR GROUND
TRANSPORTATION; OFFENSE. (a) In this section, "ground
transportation business" means the transportation by motor vehicle
of persons or baggage for compensation, and includes transportation
by a bus service.
(b) A person commits an offense if, within the boundaries of
an airport operated by a home-rule municipality, the person:
(1) solicits ground transportation business without
the permission of the municipality, if required; or
(2) engages in ground transportation business without
the permission of the municipality, if required.
(c) An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 95, § 1, eff. Sept. 1, 2003.
SUBCHAPTER C. AIRPORT FINANCING
§ 22.051. TAXATION. (a) The governing body of a local
government may impose an annual property tax not to exceed five
cents on each $100 valuation to improve, operate, and maintain an
airport or air navigation facility or for any other purpose
authorized by this chapter.
(b) The tax authorized by Subsection (a) is in addition to
other taxes that may be imposed for the interest and sinking fund of
bonds, notes, or time warrants issued under authority of this
chapter or any other statute authorizing a local government to
issue bonds, notes, or warrants for airport purposes.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.052. BONDS. (a) A local government may pay wholly
or partly from the proceeds of the sale of bonds the cost of
planning, acquiring, establishing, constructing, improving, or
equipping an airport or air navigation facility or the site of an
air navigation facility or acquiring or eliminating airport
hazards.
(b) For a purpose described by Subsection (a), a local
government, in the manner provided by Subtitles A, C, D, and E,
Title 9, Government Code, may:
(1) issue any form of secured or unsecured bonds,
including general or special obligation bonds, revenue bonds, or
refunding bonds; and
(2) impose taxes to provide for the interest and
sinking funds of any bonds issued.
(c) In a suit, action, or proceeding involving the security,
validity, or enforceability of a bond issued by a local government
that states on its face that it was issued under this chapter and
for a purpose authorized to be accomplished by this chapter, the
bond is considered to have been issued under this chapter for that
purpose.
(d) If the principal and interest of a bond issued by a local
government under this chapter is payable solely from the revenue of
an airport or air navigation facility, the bond must state so on its
face.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1420, § 8.371, eff. Sept. 1, 2001.
§ 22.053. TIME WARRANTS. (a) The commissioners court
of a county with a population of 15,000 to 15,250 may issue time
warrants to:
(1) condemn or purchase land to be used and maintained
as provided by Sections 22.011, 22.020, and 22.024; and
(2) improve and equip the land for the use provided by
Sections 22.011, 22.020, and 22.024.
(b) The commissioners court of a county that issues time
warrants under this section shall comply with:
(1) Subchapter C, Chapter 262, Local Government Code,
regarding:
(A) notice to issue the time warrants; and
(B) the right to a referendum; and
(2) Chapter 1251, regarding the imposition of taxes
for payment of the time warrants.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 1064, § 42, eff. Sept. 1, 1999.
§ 22.054. APPLICATION OF AIRPORT REVENUE AND SALE
PROCEEDS. A local government shall deposit the revenue received by
the local government from the ownership, control, or operation of
an airport or air navigation facility, including proceeds from the
sale of an airport or a portion of an airport or of air navigation
facility property, in a fund to be designated the "__________
Airport Fund." The revenue may be used by the local government only
for the purposes authorized by this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.055. FEDERAL AND STATE AID; OTHER GRANTS AND
LOANS. (a) A local government may accept, give a receipt for,
disburse, and spend money from grants and loans for any of the
purposes of this chapter. A local government must accept and spend
federal money under this section on the terms prescribed by the
United States and consistent with state law. A local government
must accept and spend state money under this section on the terms
prescribed by the state. Unless the agency from which the money is
received prescribes otherwise, the chief financial officer of the
local government shall deposit the money in separate funds
designated according to the purposes for which the money is made
available and shall keep it in trust for those purposes.
(b) A local government may designate the Texas Department of
Transportation as its agent to accept, give a receipt for, and
disburse money from grants and loans for any of the purposes of this
chapter. The department shall accept and shall transfer or spend
federal money accepted under this section on the terms prescribed
by the United States. The department shall deposit money it
receives under this subsection in the state treasury and, unless
the agency from which the money is received prescribes otherwise,
shall keep the money in separate funds designated according to the
purposes for which the money is made available, and the state shall
hold the money in trust for those purposes.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER D. JOINT OPERATIONS
§ 22.071. DEFINITIONS. In this subchapter:
(1) "Constituent agency" means a public agency that is
a party to an agreement under Section 22.072 to act jointly under
this subchapter.
(2) "Governing authority" means the governing body of
a county or municipality or the head of a public agency other than a
county or municipality.
(3) "Joint board" means a board created under Section
22.074.
(4) "Populous home-rule municipality" means a
home-rule municipality with a population of more than 400,000.
(5) "Public agency" includes a local government, an
agency of the state or of the United States, and a political
subdivision or agency of another state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.072. JOINT-ACTION AGREEMENT. (a) Two or more
public agencies may enter into an agreement with each other for
joint action under this chapter. Concurrent action by ordinance,
resolution, or otherwise of the governing authorities of the
participating public agencies constitutes joint action.
(b) A joint-action agreement must specify:
(1) its duration;
(2) the proportionate interest each public agency has
in the property, facilities, and privileges involved;
(3) the proportion each public agency pays of:
(A) the preliminary costs and costs of acquiring,
establishing, constructing, improving, and equipping the airport,
air navigation facility, or airport hazard area; and
(B) the costs of maintaining, operating,
regulating, and protecting the airport, air navigation facility, or
airport hazard area; and
(4) any other terms required by this subchapter.
(c) A joint-action agreement may include:
(1) provisions for amending the agreement;
(2) conditions and methods of terminating the
agreement;
(3) provisions for disposing of all or any of the
property, facilities, and privileges jointly owned before or after
all or part of the property, facilities, and privileges cease to be
used for the purposes of this chapter or on termination of the
agreement;
(4) provisions for distributing the proceeds received
on disposal of the property, facilities, and privileges and any
funds or other property jointly owned and undisposed of;
(5) provisions for assuming or paying any indebtedness
arising from the joint venture that remains unpaid on the disposal
of all assets or on termination of the agreement; and
(6) any other necessary or convenient provision.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.073. ADDITIONAL AUTHORIZATION. A power or
privilege granted to a local government by this chapter may be
exercised jointly with a public agency of another state or the
United States to the extent permitted by the laws of that state or
of the United States. A state agency, when acting jointly with a
local government, may exercise a power or privilege granted to a
local government by this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.074. JOINT BOARD. (a) Public agencies acting
jointly under this subchapter shall create a joint board consisting
of members appointed by the governing authority of each
participating public agency. Subject to Section 22.0745, the joint
agreement shall provide for the number to be appointed and the
members' terms and compensation, if any. The joint board shall
organize, select officers for terms to be provided by the
agreement, and adopt rules for its own procedures.
(b) A joint board may exercise on behalf of its constituent
agencies all the powers of each with respect to an airport, air
navigation facility, or airport hazard area, subject to the
limitations of Sections 22.079-22.082.
(c) A joint board may plan, acquire, establish, construct,
improve, equip, maintain, operate, regulate, protect, and police an
airport, air navigation facility, or airport hazard area jointly
acquired, controlled, and operated. The joint board may also
realign, alter, acquire, abandon, or close a portion of a roadway or
alleyway without a showing of paramount importance if the portions
to be realigned, altered, acquired, abandoned, or closed are in the
geographic boundaries of the airport at the time of or after the
realignment, alteration, acquisition, abandonment, or closing. A
taking of a right-of-way that occurs in the exercise of this power
shall be compensated at fair market value.
(d) If the constituent agencies of a joint board are
populous home-rule municipalities, a power described by Subsection
(c) is exclusively the power of the board regardless of whether all
or part of the airport, air navigation facility, or airport hazard
area is located in or outside the territory of any of the
constituent agencies. Another local government or other political
subdivision may not enact or enforce a zoning ordinance,
subdivision regulation, construction code, or other ordinance
purporting to regulate the use or development of property
applicable in the geographic boundaries of the airport as it may be
expanded.
(e) The powers exclusively given to a joint board under
Subsection (d) do not affect the jurisdiction of a municipal court
under Section 29.003, Government Code. The jurisdiction of a
municipal court under that section does not authorize the officers
or employees of a municipality that is not a constituent agency of
the joint board to enter airport property to regulate, protect, or
police the airport except as permitted by a valid interlocal
agreement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 611, § 2, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 352, § 1, eff. Sept. 1, 2001.
§ 22.0745. NONCONSTITUENT MUNICIPALITY REPRESENTATION
ON JOINT BOARD. (a) In this section, "nonconstituent
municipality" means a municipality that has territory within the
boundaries of an airport that is governed by a joint board for which
the constituent agencies are populous home-rule municipalities.
(b) A joint board for which the constituent agencies are
populous home-rule municipalities must include in its membership a
nonvoting member jointly appointed by the airport's nonconstituent
municipalities.
(c) A member appointed under Subsection (b) serves a
one-year term. The nonconstituent municipalities by agreement
shall establish an order under which members are appointed under
Subsection (b) that ensures that each nonconstituent municipality
has a representative on the joint board on a rotating basis.
(d) The member appointed under Subsection (b) is not
entitled to:
(1) attend or participate in a meeting of the joint
board that is a closed meeting under Chapter 551, Government Code;
or
(2) inspect or copy information that is collected,
assembled, or maintained by the joint board, if the information is
confidential or excepted from public disclosure under Chapter 552,
Government Code.
Added by Acts 2001, 77th Leg., ch. 352, § 2, eff. Sept. 1, 2001.
§ 22.075. ACQUISITION OF PROPERTY BY POPULOUS HOME-RULE
MUNICIPALITIES. (a) A joint board for which the constituent
agencies are populous home-rule municipalities may not acquire in
fee simple property in a municipality to enlarge an airport
operated by the joint board, including property acquired for the
runway protection zone and for mitigating the effects of additional
airport noise caused by the enlargement of the airport, in more than
an aggregate of 10 percent of that portion of the land area of the
airport that is in the municipality unless the joint board has the
consent of the municipality.
(b) Property acquired for the purpose of mitigating the
effects of additional airport noise caused by the enlargement of
the airport that is resold is not included as part of the limit
prescribed by Subsection (a).
(c) A populous home-rule municipality may acquire property
under Section 22.080(b) or Chapter 21, Property Code, for a purpose
described by Subsection (a), except that the consent of the
municipality in which the property is located is required for an
acquisition in excess of the limit prescribed by Subsection (a).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.076. TREATMENT OF HAZARDOUS WASTE
PROHIBITED. (a) A joint board may not construct a facility to
treat hazardous waste as defined by Section 361.003, Health and
Safety Code, in an area that the joint board acquires and that is
subject to the limitation prescribed by Section 22.075 without
first obtaining the permission of the municipality in which the
facility is to be located.
(b) This section does not prohibit any process or other
activity related to the deicing of aircraft, transportation or
storage of fuel, or cleanup or remediation of a spill or leak.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.077. CERTAIN ACTIVITIES NEAR AIRPORT BOUNDARIES
PROHIBITED. (a) A joint board for which the constituent agencies
are populous home-rule municipalities may not begin construction in
a prohibited area of any of the following without receiving the
approval of the municipality in which the facility or site is to be
located:
(1) a sewer and wastewater treatment plant;
(2) an aboveground aviation fuel storage facility, not
including pipelines for transporting fuel;
(3) a sanitary landfill site;
(4) a hazardous-waste disposal site; or
(5) a facility designed primarily for aircraft engine
testing.
(b) An area is a prohibited area for the purposes of
construction of a facility or site described by Subsections
(a)(1)-(4) if:
(1) the area is within 1,000 feet of any part of the
boundary of the airport as the boundary existed on the date the
airport began operations; or
(2) after the date the airport began operations the
airport boundary is expanded under Section 22.075 to include
contiguous property and the area is within 1,000 feet of any part of
the boundary of the airport after that expansion.
(c) An area is a prohibited area for the purposes of
construction of a facility or site described by Subsection (a)(5)
if:
(1) the area is within 500 feet of any part of the
boundary of the airport as the boundary existed on the date the
airport began operations; or
(2) after the date the airport began operations the
airport boundary is expanded under Section 22.075 by more than 500
feet to include contiguous property and the area is within 1,000
feet of any part of the boundary of the airport after that
expansion.
(d) The construction of a deicing facility by the joint
board does not require the approval of the local government in which
the facility is to be located.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.078. INTERGOVERNMENTAL AGREEMENT WITH POLITICAL
SUBDIVISION. A joint board for which the constituent agencies are
populous home-rule municipalities may make an intergovernmental
agreement with a political subdivision of the state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.0781. REVENUE SHARING AGREEMENT WITH
MUNICIPALITY. (a) A municipality, a joint board for which the
constituent agencies are populous home-rule municipalities, and
the constituent agencies may make an agreement under which a
portion of the revenue derived from a tax or fee of the municipality
imposed in the territory of the municipality for which the joint
board has exclusive power under Section 22.074(d) may be
transferred to the constituent agencies if under the agreement the
joint board agrees to encourage development opportunities in the
territory of the municipality that are feasible and consistent with
the development policies of the joint board.
(b) A tax or fee that may be transferred under an agreement
includes a sales and use tax, an ad valorem property tax, a mixed
beverage tax, a fine, a franchise fee, a cost of court, and a hotel
occupancy tax.
(c) The agreement may provide for the inclusion of revenue
from a tax imposed under Chapter 334, Local Government Code, in the
transfer only if the election approving that tax is held after the
date the agreement is made under this section. If any revenue from
a tax imposed under Chapter 334, Local Government Code, is to be
transferred, the municipality must provide general notice of that
fact in the order calling the election and in the ballot
proposition. The specifics of the transfer agreement are not
required to be placed in the order or in the ballot proposition and
only the municipality that will transfer its revenue is required to
hold an election for the agreement to be effective. The ballot for
an election held under this subsection shall be prepared to permit
voting for or against the proposition: "Authorizing
__________(insert name of municipality) to impose a
__________(insert type of tax) tax at the rate of __________
(insert the maximum rate of the tax) with the revenue to be shared
with __________ (insert name of each constituent agency covered by
the agreement) under a revenue sharing agreement."
(d) A constituent agency may use revenue received under an
agreement under this section for one or more of the following:
(1) the acquisition, construction, improvement, and
renovation of any public work, including land, buildings,
materials, supplies, equipment, furnishings, and machinery;
(2) to secure and pledge in support of the payment of
bonds or other obligations issued by or on behalf of the constituent
agency after the effective date of the agreement for any purpose for
which the constituent agency, or an entity created by the
constituent agency to act on its behalf, may issue bonds or
obligations; and
(3) to pay the cost of a credit agreement, as defined
by Section 1371.001, Government Code.
(e) Notwithstanding any other law, a municipality may use
revenue retained under an agreement for any governmental purpose.
(f) Notwithstanding any other provision of Chapter 334,
Local Government Code, a tax imposed under Chapter 334 that is
subject to an agreement under this section continues in effect
until the governing body of the municipality that imposed the tax
acts at its discretion to repeal the tax.
(g) To the extent of any conflict between this section and
another provision of law, including a charter provision, this
section controls.
Added by Acts 1999, 76th Leg., ch. 160, § 1, eff. May 21, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, § 8.372, eff. Sept. 1,
2001.
§ 22.079. BUDGET. On or before December 1 of each year,
the governing authority of each constituent agency of a joint board
shall approve a budget determining the total expenditures to be
made by the joint board for any purpose in the following calendar
year.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.080. ACQUISITION AND DISPOSAL OF PROPERTY. (a) A
joint board may not, without the consent of each governing
authority of the board's constituent agencies:
(1) acquire an airport, air navigation facility,
airport hazard, or property if the cost of the property exceeds the
amount set by the joint agreement or allotted in the annual budget;
(2) dispose of an airport, air navigation facility, or
real property under the jurisdiction of the board; or
(3) enter into a contract, lease, or other arrangement
for the use and occupancy by another of airport property for a term
of more than 40 years, including renewals or options to renew.
(b) Eminent domain proceedings under this subchapter may be
instituted only by authority of the governing authorities of the
constituent agencies of the joint board. Eminent domain
proceedings must be instituted in the names of the constituent
agencies jointly, and property acquired in eminent domain
proceedings shall be held by the agencies as tenants in common until
the agencies convey the property to the joint board.
(c) Except as provided by Subsection (a)(3), a joint board
may, without the consent of the governing authorities of the
board's constituent agencies, enter into a contract, lease, or
other arrangement for the use and occupancy by another of airport
property on the terms approved by the board, including the amounts
of rental, revenue, and payments, the periods of years, and the
options of renewal.
(d) The consent required by Subsection (a)(3) is
unnecessary if each governing authority by resolution waives that
requirement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.081. TAXICAB LICENSING. A joint board may license
taxicabs transporting passengers to or from the airport and impose
fees for issuing the licenses.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.0815. GROUND TRANSPORTATION BUSINESS; ELEMENTS OF
OFFENSE. (a) In this section, "ground transportation business"
means the transportation by motor vehicle of persons or baggage for
compensation.
(b) A person commits an offense if, within the boundaries of
an airport operated or controlled by a joint board for which the
constituent agencies are populous home-rule municipalities, the
person:
(1) solicits ground transportation business without
the permission of the joint board, if required; or
(2) engages in ground transportation business without
the permission of the joint board, if required.
(c) An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 95, § 2, eff. Sept. 1, 2003.
§ 22.082. RULES. A resolution, rule, or order of a
joint board dealing with a subject authorized by Section 22.014 or
22.081 is effective only on approval of the governing authorities
of the constituent agencies. On approval, a resolution, rule, or
order of the joint board has the same effect in the territories or
jurisdictions involved as an ordinance, resolution, rule, or order
of the public agency would have in its own territory or
jurisdiction.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.083. JOINT FUND. (a) Each constituent agency
shall deposit in a joint fund created and maintained to provide the
joint board with money for expenditures necessary to carry out this
subchapter the agency's share of the fund as provided by the joint
agreement.
(b) Federal, state, or other contributions or loans and the
revenue obtained from the joint ownership, control, and operation
of any airport or air navigation facility under the jurisdiction of
the joint board shall be deposited to the credit of the joint fund.
(c) Disbursements from the fund shall be made by order of
the joint board, subject to the limitations prescribed by Sections
22.079-22.082.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.084. AIRPORT REVENUE AND REVENUE BOND PROCEEDS;
CONTRACTING OPPORTUNITIES FOR MINORITY- AND WOMEN-OWNED
BUSINESSES. (a) If constituent agencies or a nonprofit
corporation created under Section 22.152 issues revenue bonds to
finance the construction or acquisition of a facility or other
improvement at an airport, the proceeds of the bonds and any other
airport income or revenue may be spent on projects for which the
proceeds, income, or revenue may otherwise be spent. An agreement
may be made to spend all or a portion of the proceeds, income, or
revenue for the planning, construction, or acquisition of
facilities authorized by Sections 22.011(a)-(c) and 22.012 without
inviting, advertising for, or otherwise requiring competitive
bids. A contract wholly or partly funded with proceeds, income, or
revenue under this subsection shall be let in accordance with the
joint board's rules and policies relating to creation of
contracting opportunities for minority- and women-owned
businesses.
(b) This section does not apply to a contract to be paid:
(1) from the proceeds of bonds unless the bonds from
which the particular proceeds derive provide that they may not be
repaid in any circumstances from ad valorem taxes; or
(2) wholly or partly from ad valorem taxes.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.085. INSURANCE. (a) A joint board, through
self-insurance, purchased insurance, or both, may insure the joint
board and its contractors and subcontractors against liability
arising from the acquisition, construction, or operation of the
programs and facilities of the joint board for:
(1) damages to the person or property of others;
(2) workers' compensation; and
(3) officers' and employees' liability.
(b) A joint board may use contracts and rating plans and may
implement risk management programs designed to prevent accidents.
In developing its insurance program, a joint board may consider the
peculiar hazards, indemnity standards, and past prospective loss
and expense experience of the joint board and of its contractors and
subcontractors.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.086. ACCEPTANCE OF CREDIT CARDS. A joint board
may:
(1) accept credit cards in payment of fees for all or
certain categories of services provided by or on behalf of the joint
board in connection with its operation of an airport;
(2) collect a fee for processing a payment by credit
card; and
(3) collect a service charge from the person who owes
the fee if the payment by credit card is not honored by the credit
card company on which the funds are drawn.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.087. USE OF TERMINAL FACILITIES BY MANUFACTURERS
AND CONCESSIONAIRES. A joint board may:
(1) use the property, including terminal buildings, of
a jointly owned airport to display, demonstrate, market, and sell
aircraft and aircraft-related, airport-related, and
aviation-related property, including goods and equipment;
(2) lease to or permit the use of airport property by
manufacturers, suppliers, concessionaires, and other providers of
aircraft and aircraft-related, airport-related, and
aviation-related property, including goods and equipment; and
(3) use the revenue of the airport and the proceeds of
bonds authorized by this chapter or by any other law for a purpose
described by Subdivision (1) or (2).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.088. EXPENDITURE OF BOND REVENUE BY JOINT BOARD
WITHOUT COMPETITIVE BIDDING. (a) A joint board may spend or agree
to spend the proceeds of revenue bonds under its control to acquire
and install furniture, fixtures, and equipment to be used at an
airport operated by the joint board without inviting, advertising
for, or otherwise requiring competitive bids or requiring or
obtaining a payment or performance bond.
(b) This section applies to furniture, fixtures, and
equipment purchased by the joint board or a private entity that will
lease the furniture, fixtures, and equipment in accordance with
this section.
(c) The furniture, fixtures, and equipment must be, before
the delivery of the bonds, the subject of a lease from the joint
board to a private entity under the terms of which the lessee is:
(1) obligated to maintain the furniture, fixtures, and
equipment solely at its expense; and
(2) unconditionally obligated throughout the term of
the bonds to make payments of net rent in amounts and at times
sufficient to provide for the timely payment of all principal,
interest, redemption premiums, and other costs and expenses arising
or to arise in connection with the payment of the bonds.
(d) This section does not apply to the expenditure of the
proceeds of bonds:
(1) unless the bonds provide by their own terms that:
(A) they are payable solely from the net rents
required by Subsection (c)(2); and
(B) they are not payable in any circumstances
from tax revenue; or
(2) that provide for the creation of a contractual
mortgage lien against real property owned by the public agencies
creating the joint board.
(e) A joint board may adopt rules it finds to be in the
public interest to govern the method and installation of the
properties to which this section relates.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.089. AIRPORT REVENUE OF NONCONSTITUENT
MUNICIPALITIES. (a) In this section:
(1) "Airport revenue" means revenue that is not
already pledged or dedicated for another purpose and is received by
a nonconstituent municipality from:
(A) maintenance and operations ad valorem taxes
imposed on real and personal property located within a revenue
sharing area by the municipality;
(B) the sales and use tax imposed by the
municipality under Chapter 321, Tax Code, derived only from the
sale or use of taxable items in the revenue sharing area;
(C) franchise fees, right-of-way fees, and other
compensation paid to the municipality by a utility for the use of
the public right-of-way or other public property located within the
revenue sharing area;
(D) money collected by the municipal court,
including fines, fees, and court costs derived only from
convictions for offenses that occur in the revenue sharing area;
(E) the mixed beverage taxes received by the
municipality under Section 183.051, Tax Code, derived only from the
sale, preparation, or service of a taxable item in the revenue
sharing area;
(F) all other taxes attributable to the revenue
sharing area and deposited to the credit of the municipality's
general fund; and
(G) as agreed by the joint board and the
nonconstituent municipality, from commercial development in an
area of the municipality within the boundaries of the airport that
is not a revenue sharing area.
(2) "Excess airport revenue" means that amount of
airport revenue received by a nonconstituent municipality in the
municipality's fiscal year that exceeds the amount of airport
revenue of the municipality in the later of:
(A) the municipality's fiscal year 2000; or
(B) the first fiscal year of the municipality in
which the airport is fully operational.
(3) "Nonconstituent municipality" means a
municipality:
(A) that has territory within the boundaries of
an airport that is governed by a joint board for which the
constituent agencies are populous home-rule municipalities; and
(B) that has not entered into an agreement under
Section 22.0781 with the joint board.
(4) "Revenue sharing area" means the area of a
nonconstituent municipality located within the boundaries of the
airport that is not separated from the airport passenger terminal
buildings by a controlled access highway, as defined by Section
203.001, that runs through the municipality.
(b) Not later than December 31 of each year, each
nonconstituent municipality shall pay to the constituent agencies
an amount equal to two-thirds of the nonconstituent municipality's
excess airport revenues for the preceding fiscal year. The
constituent agencies shall divide the payment according to their
respective ownership interests in the airport to which the revenue
was attributable.
(c) Each year, as part of its annual audit, each
nonconstituent municipality shall retain an independent auditor to
verify the nonconstituent municipality's excess airport revenue.
The constituent agencies shall reimburse each nonconstituent
municipality for two-thirds of the cost of the verification. The
portion of the reimbursement to be paid by each constituent agency
shall be based on the respective ownership interests in the airport
to which the increased revenues were attributable. Once each
calendar year, each constituent agency may audit a nonconstituent
municipality's records relating to the excess airport revenue at
the sole expense of the constituent agency.
(d) Each nonconstituent municipality shall determine the
amount of the municipality's airport revenue according to available
statistical data indicating the estimated or actual total revenue
attributable to that portion of the municipality that lies within
the boundaries of the airport.
Added by Acts 2001, 77th Leg., ch. 352, § 3, eff. Sept. 1, 2001.
§ 22.090. RETAIL DEVELOPMENT WITHIN AIRPORT BOUNDARIES
IN NONCONSTITUENT MUNICIPALITY.
Text of section effective until Aug. 31, 2021.
(a) A person may not develop a retail establishment in an
area of a nonconstituent municipality, as defined by Section
22.089, that is separated from the airport passenger terminal
buildings by a controlled access highway, as defined by Section
203.001, without the consent of the joint board and the
nonconstituent municipality. This subsection does not affect the
powers of a joint board under Section 22.074.
(b) This section expires August 31, 2021.
Added by Acts 2001, 77th Leg., ch. 352, § 3, eff. Sept. 1, 2001.
SUBCHAPTER E. NONPROFIT AIRPORT FACILITY FINANCING CORPORATIONS
§ 22.151. DEFINITIONS. The definitions in Subchapter D
apply to this subchapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.152. NONPROFIT AIRPORT FACILITY FINANCING
CORPORATIONS. (a) The public agencies, by concurrent order,
ordinance, or resolution, may authorize the incorporation of a
nonprofit airport facility financing corporation under this
chapter to provide financing to pay the costs, including direct and
indirect costs, capitalized interest, and reserves for the costs,
of an airport facility authorized by Sections 22.011(a)-(c) and
22.012 and for other purposes set forth in the articles of
incorporation.
(b) In fulfilling its purposes and performing its powers,
duties, and operations, the corporation shall act on behalf of and
as the duly constituted authority and instrumentality of the
constituent agencies authorizing its creation for purposes of
Section 103 of the Internal Revenue Code of 1986 (26 U.S.C. Section
103).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.153. APPROVAL OF ARTICLES OF INCORPORATION;
APPOINTMENT OF BOARD OF DIRECTORS. (a) The concurrent order,
ordinance, or resolution of the constituent agencies authorizing
incorporation of the nonprofit airport facility financing
corporation must approve the articles of incorporation for the
corporation and any amendments to the articles of incorporation.
(b) The board of directors of the corporation may be
selected and appointed in any manner specified in the articles of
incorporation, including the selection and appointment of the board
of directors by the joint board under whose authority the jointly
owned airport is operated and supervised under this chapter and the
joint agreement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.154. INCORPORATION. A nonprofit airport facility
financing corporation may be incorporated under this chapter by
filing its articles of incorporation with the secretary of state in
the manner prescribed for the incorporation of nonprofit
corporations under the Texas Non-Profit Corporation Act (Article
1396-1.01 et seq., Vernon's Texas Civil Statutes). On filing of the
articles of incorporation, the secretary of state shall issue a
certificate of incorporation showing that the corporation is
incorporated under this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.155. BYLAWS. The joint board under whose authority
the jointly owned airport is operated shall approve or prescribe
the bylaws of the corporation. The bylaws may prescribe the
procedures to be followed in fulfilling the purposes of the
corporation and in exercising its powers and may include any
limitations on exercising those powers the joint board considers
appropriate.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.156. APPLICABLE LAWS. The corporation has the
powers granted by this chapter, the Texas Non-Profit Corporation
Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), and
all other laws applicable to nonprofit corporations. The internal
affairs of the corporation are governed by, the purposes and powers
of the corporation are fulfilled and exercised in accordance with,
and the corporation is subject to, the Texas Non-Profit Corporation
Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes),
except as otherwise provided by this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.157. BONDS. (a) A nonprofit airport facility
financing corporation may provide financing for the purposes
described by Section 22.152(a) by issuing bonds, notes, or other
forms of obligations on behalf of the constituent agencies on terms
the board of directors considers appropriate, consistent with the
procedures and limitations set forth in the bylaws and subject only
to the limitations in this subsection. The bonds, notes, or other
obligations are payable only from:
(1) revenue, rents, income, or payments from one or
more users of property of the jointly owned airport under a lease,
loan, purchase, lease-purchase, or other agreement between the
corporation and the user or users; and
(2) revenue of the airport that the joint board
commits and pledges to the payment of the obligations under
agreements between the joint board and the corporation as
authorized by Subsection (b).
(b) A lease, loan, purchase, lease-purchase, or other
agreement may be on terms the parties to the agreement determine
appropriate. The joint board and the corporation may enter into
agreements, including lease, lease-purchase, or other agreements,
as they determine appropriate to accomplish financing under this
section.
(c) Bonds, notes, or other obligations of the corporation
must be submitted to the attorney general for review and approval.
If the attorney general determines that the obligations are issued
in accordance with this chapter, the attorney general shall approve
them. On approval, the obligations are incontestable for any
cause.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.158. EARNINGS. (a) No part of a nonprofit airport
facility financing corporation's net earnings remaining after
payment of its expenses and other obligations may benefit an
individual, private firm, or private corporation.
(b) If the board of directors determines that sufficient
provision has been made for the full payment of the expenses, bonds,
notes, and other obligations of the corporation, any net earnings
of the corporation subsequently accruing shall be paid to the joint
board for the benefit of the constituent agencies in their
respective ownership shares of the airport in accordance with the
joint agreement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 22.159. ALTERATION OR TERMINATION OF
CORPORATION. The constituent agencies that authorize the
incorporation of a nonprofit airport facility financing
corporation may alter the structure, organization, programs, or
activities of the corporation or may terminate and dissolve the
corporation, subject only to any limitations provided by state law
relating to the impairment of contracts entered into by the
corporation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
§ 22.901. DISPOSAL OF ABANDONED AIRCRAFT. (a) A local
government that is unable to determine the ownership of an aircraft
that has been located for more than 90 days at an airport owned by
the local government may petition a district court for the county in
which the aircraft is located to determine the ownership of the
aircraft if:
(1) the local government has provided notice in the
same manner as provided by Section 683.012 for notice of an
abandoned motor vehicle; and
(2) the local government has contacted the Federal
Aviation Administration in an attempt to identify the owner of the
aircraft.
(b) On filing of a petition under Subsection (a), the court
shall hold a hearing to determine the ownership status of the
aircraft. The local government shall present the court with all
evidence the local government has in its possession about the
ownership of the aircraft. If the evidence is sufficient to
determine ownership of the aircraft, the court shall notify the
owner of the aircraft.
(c) If the court is unable to make a determination under
Subsection (b), the court shall require the local government to
collect additional evidence about ownership or to provide notice in
the manner that is most likely to reach the owner of the aircraft.
Unless evidence is discovered that allows the court to determine
the owner of the aircraft, the court may not take further action on
making a determination of ownership until after the 60th day after
the date of the hearing under Subsection (b).
(d) If the court cannot make a determination on the
ownership of the aircraft after requiring the local government to
take additional steps under Subsection (c), the court shall declare
the aircraft as abandoned property, and the court shall give title
to the aircraft to the local government. The local government shall
dispose of the aircraft in the same manner the local government
disposes of salvage or surplus property.
(e) If an owner of an aircraft fails to claim the aircraft
within 60 days after the date notice is given under Subsection (b),
the local government may petition the district court to declare the
aircraft abandoned property under Subsection (d).
(f) A determination of ownership made by the court under
this section does not affect the right of the local government to
recover fees against the owner of the aircraft for storage or
maintenance of the aircraft.
Added by Acts 1997, 75th Leg., ch. 432, § 1, eff. May 29, 1997.
