By Willis                                              H.B. No. 503
       74R177 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the composition of a joint airport board created by two
    1-3  populous home-rule municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 14(c), Municipal Airports Act (Article
    1-6  46d-14, Vernon's Texas Civil Statutes), is amended to read as
    1-7  follows:
    1-8        (c)  Joint Board.  (1)  Except as provided by Subdivision (2)
    1-9  of this subsection, public  <Public> agencies acting jointly
   1-10  pursuant to this Section shall create a joint board which shall
   1-11  consist of members appointed by the governing body of each
   1-12  participating public agency.  The number to be appointed, their
   1-13  term and compensation, if any, shall be provided for in the joint
   1-14  agreement.  Each such joint board shall organize, select officers
   1-15  for terms to be fixed by the agreement, and adopt and amend from
   1-16  time to time rules for its own procedure.  The joint board shall
   1-17  have power to plan, acquire, establish, develop, construct,
   1-18  enlarge, improve, maintain, equip, operate, regulate, protect, and
   1-19  police any airport, air navigation facility, or airport hazard area
   1-20  to be jointly acquired, controlled, and operated.  The joint board
   1-21  also may realign, alter, acquire, abandon, or close portions of
   1-22  roads, streets, boulevards, avenues, and alleyways, without a
   1-23  showing of paramount importance, if the portions to be realigned,
   1-24  altered, acquired, abandoned, or closed are within the geographic
    2-1  boundaries of the airport at the time of, or following, the
    2-2  realignment, alteration, acquisition, abandonment, or closing.  Any
    2-3  taking of rights-of-way that occurs in the exercise of this power
    2-4  shall be compensated at fair market value.  If the constituent
    2-5  public agencies of a joint board are populous home-rule
    2-6  municipalities, these powers are exclusively the powers of the
    2-7  board regardless of whether all or part of the airport, air
    2-8  navigation facility, or airport hazard area is located within or
    2-9  outside the territorial limits of any of the constituent public
   2-10  agencies, and another municipality, county, or other political
   2-11  subdivision shall not enact or enforce a zoning ordinance,
   2-12  subdivision regulation, construction code, or any other ordinance
   2-13  purporting to regulate the use or development of property
   2-14  applicable within the geographic boundaries of the airport as it
   2-15  may be expanded.  A joint board may exercise on behalf of its
   2-16  constituent public agencies all the powers of each with respect to
   2-17  such airport, air navigation facility, or airport hazard area,
   2-18  subject to the limitations of Subsection (d) of this Section.
   2-19              (2)  A joint board created by two populous home-rule
   2-20  municipalities must consist of 10 members.  The governing body of
   2-21  each municipality shall appoint five members.  The joint board
   2-22  shall elect a presiding officer of the joint board.  The presiding
   2-23  officer serves in that capacity for one year, and the joint board
   2-24  shall rotate the office annually between the board members
   2-25  appointed by one municipality and those appointed by the other
   2-26  municipality.
   2-27        SECTION 2.  (a)  The terms of the members of a joint board
    3-1  created by two populous home-rule municipalities under Section 14,
    3-2  Municipal Airports Act (Article 46d-14, Vernon's Texas Civil
    3-3  Statutes), serving on the effective date of this Act expire on
    3-4  January 1, 1996.  The joint board shall consist of the same number
    3-5  of members during this period as it had immediately before the
    3-6  effective date of this Act, and the quorum requirements in effect
    3-7  immediately before the effective date of this Act remain in effect
    3-8  during this period.  Vacancies during this period shall be filled
    3-9  in the same manner as the original appointments.
   3-10        (b)  On January 1, 1996, the governing bodies of the
   3-11  municipalities shall reconstitute the joint board in a manner that
   3-12  complies with Section 14, Municipal Airports Act (Article 46d-14,
   3-13  Vernon's Texas Civil Statutes), as amended by this Act.
   3-14        SECTION 3.  This Act takes effect September 1, 1995.
   3-15        SECTION 4.  The importance of this legislation and the
   3-16  crowded condition of the calendars in both houses create an
   3-17  emergency and an imperative public necessity that the
   3-18  constitutional rule requiring bills to be read on three several
   3-19  days in each house be suspended, and this rule is hereby suspended.