S.B. No. 348
                                        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 Subsections (c-1), (c-2), and (c-3)
    1-8  to read as 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 also
   2-21  may realign, alter, acquire, abandon, or close portions of roads,
   2-22  streets, boulevards, avenues, and alleyways, without a showing of
   2-23  paramount importance, if the portions to be realigned, altered,
   2-24  acquired, abandoned, or closed are within the geographic boundaries
   2-25  of the airport at the time of, or following, the realignment,
   2-26  alteration, acquisition, abandonment, or closing.   Any taking of
   2-27  rights-of-way that occurs in the exercise of this power shall be
    3-1  compensated at fair market value.  If the constituent public
    3-2  agencies of a joint board are populous home-rule municipalities,
    3-3  these powers are exclusively the powers of the board regardless of
    3-4  whether all or part of the airport, air navigation facility, or
    3-5  airport hazard area is located within or outside the territorial
    3-6  limits of any of the constituent public agencies, and another
    3-7  municipality, county, or other political subdivision shall not
    3-8  enact or enforce a zoning ordinance, subdivision regulation,
    3-9  construction code, or any other ordinance purporting to regulate
   3-10  the use or development of property applicable within the geographic
   3-11  boundaries of the airport as it may be expanded.  A joint<, and
   3-12  such> board may exercise on behalf of its constituent public
   3-13  agencies all the powers of each with respect to such airport, air
   3-14  navigation facility, or airport hazard area, subject to the
   3-15  limitations of Subsection (d) of this Section.
   3-16        (c-1)  After March 1, 1993, a joint board, for which the
   3-17  constituent public agencies are populous home-rule municipalities,
   3-18  shall not acquire in fee simple property within a municipality for
   3-19  the purpose of enlarging an airport operated by the joint board,
   3-20  including property acquired in fee simple for the runway protection
   3-21  zone and for the purpose of mitigating the effects of additional
   3-22  airport noise caused by the enlargement of the airport, in more
   3-23  than an aggregate of 10 percent of that portion of the land area of
   3-24  the airport that lies within the geographic boundaries of the
   3-25  municipality, unless the joint board has the consent of that
   3-26  municipality.  Any property that is acquired in fee simple for the
   3-27  purpose of mitigating the effects of additional airport noise
    4-1  caused by the enlargement of the airport and is resold shall not be
    4-2  included as part of this 10 percent limit.  Any property, real or
    4-3  otherwise, acquired for the purposes set out in this subsection may
    4-4  be acquired by populous home-rule municipalities under Subsection
    4-5  (d)(3) of this section or Chapter 21, Property Code, except that
    4-6  the consent of the municipality in which the property is located
    4-7  shall be required for any acquisition in excess of the 10 percent
    4-8  limit set forth in this subsection.
    4-9        (c-2)  Prohibitions and Agreements.  (1)  This subsection
   4-10  applies only to a joint board for which the constituent public
   4-11  agencies are populous home-rule municipalities.
   4-12              (2)  The joint board may not construct in a prohibited
   4-13  area:
   4-14                    (A)  a sewer and wastewater treatment plant;
   4-15                    (B)  an above-ground aviation fuel storage
   4-16  facility, not including pipelines for transporting fuel;
   4-17                    (C)  a sanitary landfill site;
   4-18                    (D)  a hazardous-waste disposal site; or
   4-19                    (E)  a facility designed primarily for aircraft
   4-20  engine testing.
   4-21              (3)  An area is a prohibited area for the purposes of
   4-22  the prohibitions described by Subdivisions (2)(A) through (D) of
   4-23  this subsection if the area is within 1,000 feet of any part of the
   4-24  boundary of the airport operated by the joint board as the boundary
   4-25  existed on the date the airport began operations, except that if
   4-26  after that date the boundary is expanded under Subsection (c-1) of
   4-27  this section to include contiguous property, then within 1,000 feet
    5-1  of any part of the boundary of the airport after that expansion.
    5-2  An area is a prohibited area for the purposes of the prohibition
    5-3  described by Subdivision (2)(E) of this subsection if the area is
    5-4  within 500 feet of any part of the boundary of the airport as the
    5-5  boundary existed on the date the airport began operations, except
    5-6  that if after that date the boundary is expanded under Subsection
    5-7  (c-1) of this section by more than 500 feet to include contiguous
    5-8  property, then within 1,000 feet of any part of the boundary of the
    5-9  airport after that expansion.
   5-10              (4)  A prohibition under Subdivision (2) of this
   5-11  subsection does not apply to the construction of:
   5-12                    (A)  a facility or site for which the joint board
   5-13  receives, before beginning construction, the approval of the
   5-14  municipality in which the facility or site is to be located; or
   5-15                    (B)  a deicing facility.
   5-16              (5)  The construction of a deicing facility by the
   5-17  joint board does not require the approval of the municipality in
   5-18  which the facility is to be located.
   5-19              (6)  The joint board may make intergovernmental
   5-20  agreements with political subdivisions of the state.
   5-21        (c-3)  Treatment of Hazardous Waste Prohibited.  The joint
   5-22  board may not construct a facility to treat hazardous waste, as
   5-23  defined by Section 361.003, Health and Safety Code, in an area that
   5-24  the joint board acquires and that is subject to the limitation
   5-25  prescribed by Subsection (c-1) of this section without first
   5-26  obtaining the permission of the municipality in which the facility
   5-27  is to be located.  This provision does not prohibit any process or
    6-1  other activity related to the deicing of aircraft, transportation
    6-2  or storage of fuel, or cleanup or remediation of a spill or leak.
    6-3        SECTION 2.  The importance of this legislation and the
    6-4  crowded condition of the calendars in both houses create an
    6-5  emergency and an imperative public necessity that the
    6-6  constitutional rule requiring bills to be read on three several
    6-7  days in each house be suspended, and this rule is hereby suspended,
    6-8  and that this Act take effect and be in force from and after its
    6-9  passage, and it is so enacted.