BILL ANALYSIS



H.B. 3040
By: Chisum
04-29-95
Committee Report (Amended)


BACKGROUND

Under current state law, a political subdivision with a population
of less than 45,000 does not have the authority to impose airport
zoning requirements, such as height regulations within a certain
distance around a runway.  Instead, several political subdivisions,
usually several counties, must appoint a joint airport zoning board
which has the authority to adopt airport zoning regulations. 
However, before an airport zoning board may adopt any zoning
regulations, a joint airport zoning commission must be appointed by
the board, and the commission must make recommendations after a
public hearing by the commission.  The board is not bound by the
commission's recommendations. 

Many times, new airport zoning regulations must be adopted in order
to qualify for grants from the Texas Department of Transportation
(TxDOT) for airport improvements.  For example, the airport zoning
board appointed by Collingsworth, Donley, and Hall counties in the
Texas Panhandle must appoint a joint airport zoning commission
before the Memphis Municipal Airport can qualify for $1.6 million
in assistance for an upgrade.  Based on historical averages, 30
times per year TxDOT staff and local governments must follow the
requirements that two hearings be held before adopting required
zoning regulations.

PURPOSE

To eliminate the requirement that two hearings be held before any
new airport zoning regulations may be adopted in counties with a
population of less than 45,000, and instead only require one
hearing.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Section 241.016, Local Government Code, by
           amending Subsection (a) and adding Subsection (e) as
           follows:

               (a)  Eliminates the requirement that a joint
               airport zoning board appoint a joint airport zoning
               commission to begin the process of adopting any new
               airport zoning regulations.

               (e)  Allows a joint airport zoning board the option
               of appointing a joint airport zoning commission to
               begin the process of adopting any new airport
               zoning regulations.

SECTION 2  Amends Sections 241.017 (a) and (b), Local Government
           Code as follows:

               (a)  Eliminates the requirement that a joint
               airport zoning board cannot take action regarding
               airport zoning unless a joint airport zoning
               commission has first made recommendations.


               (b)  Clarifies language requiring an opportunity
               for citizens to be heard before any airport zoning
               regulation may be adopted.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

EXPLANATION OF AMENDMENTS

COMMITTEE AMENDMENT NO. 1

           Amends SECTION 1 of the bill to clarify that Section
           241.016(a), Local Government Code, applies to a
           political subdivision acting unilaterally under Section
           241.013.  Also amends Subsection (e) to clarify that a
           joint airport zoning board is not required to appoint
           a commission.

SUMMARY OF COMMITTEE ACTION

H.B. 3040 was considered by the committee in a public hearing on
April 25, 1995.

The following person testified in favor of the bill:

           Representative Warren Chisum.

The following person testified neutrally on the bill:

           Tom Griebel, representing the Texas Department of
           Transportation.

The committee considered an amendment to the bill.  The amendment
was adopted without objection.

The bill was reported favorably as amended, with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0
pnv, 2 absent.