By:  Harris, O. H. "Ike"                               S.B. No. 348
       73R2573 MRB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the control of certain airports, air navigation
    1-3  facilities, and airport hazard areas.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 14, Municipal Airports Act (Article
    1-6  46d-14, Vernon's Texas Civil Statutes), is amended by amending
    1-7  Subsections (a) and (c) and by relettering part of Subsection (a)
    1-8  as Subsection (a-1) 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.  If the constituent
   2-21  public agencies of a joint board are populous home-rule
   2-22  municipalities, these powers are exclusively the powers of the
   2-23  board regardless of whether all or part of the airport, air
   2-24  navigation facility, or airport hazard area is located within or
   2-25  outside the territorial limits of any of the constituent public
   2-26  agencies, and another municipality, county, or other political
   2-27  subdivision may not enact or enforce a zoning ordinance,
    3-1  subdivision regulation, construction code, or any other ordinance
    3-2  applicable to the airport, air navigation facility, or airport
    3-3  hazard area.  A joint<, and such> board may exercise on behalf of
    3-4  its constituent public agencies all the powers of each with respect
    3-5  to such airport, air navigation facility, or airport hazard area,
    3-6  subject to the limitations of Subsection (d) of this Section.
    3-7        SECTION 2.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended,
   3-12  and that this Act take effect and be in force from and after its
   3-13  passage, and it is so enacted.