By: Harris of Dallas S.B. No. 348
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the control of certain airports, air navigation
1-2 facilities, and airport hazard areas.
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), by relettering part of Subsection (a) as
1-7 Subsection (a-1), and by adding Subsection (c-1) to read as
1-8 follows:
1-9 (a) Definitions <Authorization>. For the purposes of this
1-10 Section, unless otherwise qualified:
1-11 (1) "Public<, the term "public> agency" includes a
1-12 municipality, as defined in this Act, any agency of the State
1-13 government and of the United States, and any municipality,
1-14 political subdivision, and agency of another State.
1-15 (2) "Governing<; and the term "governing> body" means
1-16 the governing body of a county or municipality, and the head of the
1-17 agency if the public agency is other than a county or municipality.
1-18 (3) "Airport<, and the term "airport> hazard area"
1-19 means any area of land or water upon which an airport hazard might
1-20 be established if not prevented as provided in this Act.
1-21 (4) "Populous home-rule municipality" means a
1-22 home-rule municipality with a population of more than 400,000,
1-23 according to the most recent federal census.
1-24 (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. The joint board may
2-21 also exercise the power to realign, alter, acquire, abandon, or
2-22 close portions of roads, streets, boulevards, avenues, and
2-23 alleyways, without a showing of paramount importance, provided that
2-24 the portions to be realigned, altered, acquired, abandoned, or
2-25 closed fall within the geographic boundaries of the airport. Any
2-26 taking of such rights-of-way shall be compensated at fair market
2-27 value. If the constituent public agencies of a joint board are
3-1 populous home-rule municipalities, these powers are exclusively the
3-2 powers of the board regardless of whether all or part of the
3-3 airport, air navigation facility, or airport hazard area is located
3-4 within or outside the territorial limits of any of the constituent
3-5 public agencies, and another municipality, county, or other
3-6 political subdivision shall not enact or enforce a zoning
3-7 ordinance, subdivision regulation, construction code, or any other
3-8 ordinance purporting to regulate the use or development of property
3-9 applicable within the geographic boundaries of the airport. A
3-10 joint<, and such> board may exercise on behalf of its constituent
3-11 public agencies all the powers of each with respect to such
3-12 airport, air navigation facility, or airport hazard area, subject
3-13 to the limitations of Subsection (d) of this Section.
3-14 (c-1) LIMITATION ON EXPANSION. A joint board that consists
3-15 of populous home-rule municipalities shall not acquire property
3-16 within a municipality for the purpose of enlarging an existing
3-17 airport operated by the joint board in more than an aggregate of 10
3-18 percent of the land area of that municipality which lies within the
3-19 geographic boundaries of the airport without the consent of that
3-20 municipality into which the airport is being expanded.
3-21 SECTION 2. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.