By Cain H.B. No. 1464
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of property at certain airports.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 14, Municipal Airports Act (Article
1-5 46d-14, Vernon's Texas Civil Statutes), is amended by amending
1-6 Subsections (a) and (c) and by relettering part of Subsection (a)
1-7 as Subsection (a-1) to read as follows:
1-8 (a) Definitions <Authorization>. For the purposes of this
1-9 Section, unless otherwise qualified:
1-10 (1) "Public<, the term "public> agency" includes a
1-11 municipality, as defined in this Act, any agency of the State
1-12 government and of the United States, and any municipality,
1-13 political subdivision, and agency of another State.
1-14 (2) "Governing<; and the term "governing> body" means
1-15 the governing body of a county or municipality, and the head of the
1-16 agency if the public agency is other than a county or municipality.
1-17 (3) "Airport<, and the term "airport> hazard area"
1-18 means any area of land or water upon which an airport hazard might
1-19 be established if not prevented as provided in this Act.
1-20 (4) "Populous home-rule municipality" means a
1-21 home-rule municipality with a population of more than 400,000,
1-22 according to the most recent federal census.
1-23 (a-1) Authorization. All powers, privileges, and authority
2-1 granted to any municipality by this Act may be exercised and
2-2 enjoyed jointly with any public agency of any other State or of the
2-3 United States to the extent that the laws of such other State or of
2-4 the United States permit such joint exercise or enjoyment. If not
2-5 otherwise authorized by law, any agency of the State government
2-6 when acting jointly with any municipality, may exercise and enjoy
2-7 all of the powers, privileges, and authority conferred by this Act
2-8 upon a municipality.
2-9 (c) Joint Board. Public agencies acting jointly pursuant to
2-10 this Section shall create a joint board which shall consist of
2-11 members appointed by the governing body of each participating
2-12 public agency. The number to be appointed, their term and
2-13 compensation, if any, shall be provided for in the joint agreement.
2-14 Each such joint board shall organize, select officers for terms to
2-15 be fixed by the agreement, and adopt and amend from time to time
2-16 rules for its own procedure. The joint board shall have power to
2-17 plan, acquire, establish, develop, construct, enlarge, improve,
2-18 maintain, equip, operate, regulate, protect, and police any
2-19 airport, air navigation facility, or airport hazard area to be
2-20 jointly acquired, controlled, and operated. A joint board that
2-21 consists of populous home-rule municipalities, may also exercise
2-22 the power to realign, alter, acquire, abandon, or close portions of
2-23 roads, streets, boulevards, avenues, and alleyways, without a
2-24 showing of paramount importance, provided that the portions to be
2-25 realigned, altered, acquired, abandoned, or closed fall within the
3-1 geographic boundaries of the airport. Any taking of said
3-2 right-of-ways will be compensated at fair market value. If the
3-3 constituent public agencies of a joint board are populous home-rule
3-4 municipalities, these powers are exclusively the powers of the
3-5 board regardless of whether all or part of the airport, air
3-6 navigation facility, or airport hazard area is located within or
3-7 outside the territorial limits of any of the constituent public
3-8 agencies, and another municipality, county, or other political
3-9 subdivision shall not enact or enforce a zoning ordinance,
3-10 subdivision regulation, construction code, or any other ordinance
3-11 purporting to regulate the use or development of property
3-12 applicable within the geographic boundaries of the airport. A
3-13 joint<, and such> board may exercise on behalf of its constituent
3-14 public agencies all the powers of each with respect to such
3-15 airport, air navigation facility, or airport hazard area, subject
3-16 to the limitations of Subsection (d) of this Section.
3-17 (c-1) A joint board, that consists of populous home-rule
3-18 municipalities, shall not acquire property within a municipality,
3-19 for the purpose of enlarging an existing airport operated by a
3-20 joint board, in more than an aggregate of ten percent of the land
3-21 area of that municipality which lies within the geographic
3-22 boundaries of the airport, without the consent of that municipality
3-23 into which the airport is being expanded.
3-24 SECTION 2. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended,
4-4 and that this Act take effect and be in force from and after its
4-5 passage, and it is so enacted.