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.