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.