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.