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A BILL TO BE ENTITLED
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AN ACT
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relating to term limits for certain contracts regarding airports |
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and associated air navigation facilities operated by or on behalf |
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of a local government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 2. 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 3. 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 4. This Act takes effect September 1, 2023. |