BILL ANALYSIS


                                                        H.B. 3040
                                             By: Carter (Haywood)
                                      Intergovernmental Relations
                                                          5-26-95
                              Senate Committee Report (Unamended)
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.

Often, 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.  Approximately, 30 times per year,
TxDOT staff and local governments must follow the requirements that
two hearings be held before adopting required zoning regulations.

PURPOSE

As proposed, H.B. 3040 requires a political subdivision to appoint
an airport zoning commission before adopting certain airport zoning
regulations.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

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

     (a)  Requires a political subdivision acting unilaterally
     under Section 241.013 to appoint an airport zoning commission
     before an airport zoning regulation may be adopted.
     
     (e)  Provides that a joint airport zoning board created under
     Section 241.014 is not required to appoint a commission under
     this section.
     
     SECTION 2.     Amends Sections 241.017(a) and (b), Local Government
Code, as follows:

     (a)  Makes a conforming change.
     
     (b)  Prohibits an airport zoning regulation from being adopted
     except by action of the governing body of the political
     subdivision or a joint airport zoning board after the
     political subdivision or joint airport zoning board holds a
     public hearing on the matter at which parties in interest and
     citizens have an opportunity to be heard.
     
     SECTION 3.     Effective date:  September 1, 1995.

SECTION 4. Emergency clause.