SRC-TNM H.B. 1288 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1288
By: Oliveira (Lucio)
State Affairs
5-6-97
Engrossed


DIGEST 

Currently, no legal mechanism exists to dispose of abandoned aircrafts
while abandoned automobiles, motorcycles, buses, and vans may all be
routinely disposed of by municipalities.  At the Brownsville-South Padre
Island International Airport there is currently an abandoned aircraft that
is uncertifiable according to Federal Aviation Administration regulations.
Although the plane is also unsightly, the City of Brownsville does not
have a recourse to dispose of it.  H.B. 1288 would give state district
courts the authority to make a determination on aircraft ownership and
order local governments to dispose of abandoned aircrafts. 

PURPOSE

As proposed, H.B. 1288 outlines provisions regarding the disposal of
abandoned aircraft by a municipality. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 22, Transportation Code, by adding Subchapter Z,
as follows: 

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 22.901. DISPOSAL OF ABANDONED AIRCRAFT.  Authorizes a local
government that is unable to determine the ownership of an aircraft that
has been located for more than 90 days at an airport owned by the local
government to petition a district court for the county in which the
aircraft is located to determine the ownership of the aircraft, if certain
conditions exist.  Sets forth requirements and outlines provisions
regarding the determination of ownership of the aircraft.  Sets forth
requirements and outlines provisions regarding the determination of the
aircraft as abandoned property.  Provides that a determination of
ownership made by the court under this section does not affect the right
of the local government to recover fees against the owner of the aircraft
for storage or maintenance of the aircraft. 

SECTION 2. Emergency clause.
  Effective date: upon passage.