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A BILL TO BE ENTITLED
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AN ACT
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relating to certain contracts regarding airports and associated air |
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navigation facilities operated by or on behalf of a local |
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government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.019, Transportation Code, is amended |
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to read as follows: |
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Sec. 22.019. CONTRACTS. Except as provided by Section |
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22.0191, a [A] local government may enter into a contract necessary |
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to the execution of a power granted the local government and for a |
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purpose provided by this chapter. |
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SECTION 2. Subchapter B, Chapter 22, Transportation Code, |
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is amended by adding Section 22.0191 to read as follows: |
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Sec. 22.0191. AIRPORT INFRASTRUCTURE OR EQUIPMENT |
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CONTRACTS. (a) In this section, "airport infrastructure or |
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equipment contract" means a contract for the acquisition, |
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construction, improvement, or renovation of airport infrastructure |
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or equipment, including a terminal, security system, or passenger |
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boarding bridge, used at an airport or an air navigation facility |
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associated with an airport. |
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(b) A local government or a person operating an airport on |
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behalf of a local government may not enter into an airport |
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infrastructure or equipment contract with: |
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(1) an entity that: |
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(A) a federal court determines has |
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misappropriated intellectual property or trade secrets from |
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another entity organized under federal, state, or local law; and |
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(B) is owned wholly or partly by, is controlled |
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by, or receives subsidies from the government of a country that: |
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(i) is identified under Section 182, Trade |
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Act of 1974 (19 U.S.C. Section 2242), as a priority foreign country; |
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or |
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(ii) is subject to monitoring by the Office |
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of the United States Trade Representative in accordance with |
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Section 306, Trade Act of 1974 (19 U.S.C. Section 2416); or |
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(2) any entity that owns, controls, is owned or |
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controlled by, is under common ownership with, or is a successor to |
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an entity described by Subdivision (1). |
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(c) An airport infrastructure or equipment contract for |
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goods or services entered into by a local government or a person |
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operating an airport on behalf of a local government must contain a |
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written statement by the entity with which the local government or |
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person is contracting verifying that the entity is not an entity |
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described by Subsection (b)(1) or (2). |
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(d) If the written statement required in an airport |
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infrastructure or equipment contract under Subsection (c) is found |
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to be false, the contract is voidable by the local government or |
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person operating the airport. |
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SECTION 3. Section 22.020(a), Transportation Code, is |
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amended to read as follows: |
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(a) A local government, by contract, lease, or other |
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arrangement, on a consideration fixed by the local government and |
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for a term not to exceed 99 [40] years, may authorize a qualified |
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person to operate, as the agent of the local government or |
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otherwise, an airport owned or controlled by the local government. |
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SECTION 4. Sections 22.021(a) and (d), Transportation Code, |
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are amended to read as follows: |
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(a) In operating an airport or air navigation facility that |
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it owns, leases, or controls, a local government may enter into a |
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contract, lease, or other arrangement for a term not exceeding 99 |
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[40] years with a person: |
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(1) granting the privilege of using or improving the |
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airport or air navigation facility, a portion or facility of the |
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airport or air navigation facility, or space in the airport or air |
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navigation facility for commercial purposes; |
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(2) conferring the privilege of supplying goods, |
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services, or facilities at the airport or air navigation facility; |
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or |
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(3) making available services to be furnished by the |
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local government or its agents at the airport or air navigation |
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facility. |
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(d) The 99-year [40-year] limit on the term of a contract, |
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lease, or other arrangement provided by Subsection (a) does not |
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apply to a contract, lease, or other arrangement under this section |
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between a local government and this state, the United States, or an |
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agency or instrumentality of this state or the United States. |
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SECTION 5. Sections 22.022(a) and (b), Transportation Code, |
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are amended to read as follows: |
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(a) A lease of real property may not exceed 99 [40] years if: |
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(1) the lease is made under Section 22.011(c) or (d), |
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Section 22.020, or Section 22.021; and |
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(2) at the time of the execution of the lease, the |
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property is used as nonaeronautical property and is located on an |
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airport on which there are active federal governmental aircraft |
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operations on federal government property. |
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(b) A renewal or extension of a lease under Subsection (a) |
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may not exceed 99 [40] years. If the lease provides for more than |
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one renewal or extension, the renewals or extensions may not in the |
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aggregate exceed 99 [40] years. |
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SECTION 6. Section 22.0191, Transportation Code, as added |
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by this Act, applies only to an airport infrastructure or equipment |
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contract entered into, modified, or renewed on or after the |
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effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2023. |