BILL ANALYSIS


                                                        H.B. 2180
                                                By: Horn (Rosson)
                                                    State Affairs
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, the Texas Transportation Commission is required to hold
a public hearing before awarding financial assistance under the
Aeronautics Regulations Act to a governmental entity.  The
commission meets once per month and public hearings are restricted
to the notice and the time parameters of that meeting, allowing
very little flexibility.  Requiring the commission to hold a
hearing for any financial assistance prevents the Department of
Transportation from addressing emergency situations in a timely
manner.

PURPOSE

As proposed, H.B. 2180 authorizes the Texas Transportation
Commission's authorized representative to hold a public hearing for
the award of financial assistance under the Aeronautics Regulation
Act; authorizes the Department of Transportation to award a loan or
grant to an aviation facility without holding a public hearing in
the case of an emergency.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Transportation Commission under SECTION 1 (Section
6(10)(d)(1), Article 46c-6, V.T.C.S.) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 6(10)(d), Article 46c-6, V.T.C.S., as
follows:

     (d)(1)  Created from existing text.  Requires the Texas
     Transportation Commission (commission) or its authorized
     representative to hold a public hearing prior to approving any
     financial assistance under this Act. 
     
     (2)  Authorizes the executive director of the Texas
       Department of Transportation (executive director) or a
       designee to award a loan or grant in accordance with rules
       adopted by the commission.
       
       (B)  Provides that an emergency is any situation or
         condition at a general aviation airport which requires
         immediate attention due to an existing unsafe condition.
         
         (C)  Provides that the unsafe condition should be of
         sufficient concern to require the filing of a Notice to
         Airman with the Federal Aviation Administration under FAA
         Order 7930.2E until the safety concern has been resolved.
         
         (D)  Requires the executive director or a designee to
         certify in writing the fact and nature of the emergency
         giving rise to the award prior to the award of a contract
         under the authority of this paragraph.
         
         (E)  Requires the executive director to furnish to each
         member of the commission written notification of the
         details of the emergency conditions and the award not
         later than the fifth working day following the date on
         which the contract is awarded.
         
SECTION 2. Emergency clause.
           Effective date: upon passage.