TWT S.B. 950 75(R)BILL ANALYSIS TRANSPORTATION S.B. 950 By: Patterson, Jerry (Horn) 4-16-97 Committee Report (Unamended) BACKGROUND Until recently federal funds apportioned and administered by the Texas Department of Transportation (TXDOT) for general aviation airports did not include the federal funds apportioned for reliever and non-primary commercial service airports. The Federal Aviation Administration Reauthorization Act of 1996 combined the apportionments for general aviation, reliever and nonprimary commercial airports into a "state apportionment" administered by TXDOT. Privately owned reliever airports which are eligible for federal funds cannot receive funding because state law allows funding for only publicly owned airports. State law requires an airport to remain in the control of the political subdivision for at least 20 years in order to receive grants. Critics believe this may be appropriate for capital improvement grants which create an asset of long duration, but maintenance assistance grants are for shorter duration and should not be subject to lengthy restrictions. PURPOSE S.B. 950 will allow the state to fund reliever and non-primary commercial service airports and to exclude routine maintenance from the requirement that an airport or facility remain in the control of the political subdivision for at least 20 years in order to receive a grant. 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 21.105(b), Transportation Code, by deleting the requirement that an airport or facility remain in control of the political subdivision for at least 20 years in order to receive a grant. Adds a requirement that the airport or facility must remain open to the public for 20 years. Excludes routine maintenance from that requirement. SECTION 2. Amends Section 21.114, Transportation Code, to authorize the TXDOT to be the agent for federal funds for a person or entity eligible for federal grant funds, for the purpose of applying, receiving, and disbursing federal funds for the benefit of a reliever, or non-primary commercial service airport. Deletes Subsection (b) of current law excluding reliever airports from application of this section. SECTION 3. Amends Section 22.018, Transportation Code, to authorize the TXDOT to be the agent for a person or entity eligible for federal grant funds, in contracting for and supervising the planning, acquiring, constructing, improving, equipping, maintaining, or operating of an airport or air navigational facility. Authorizes the TXDOT to enter into an agreement with a local government or a person eligible for federal airport improvement grant funds prescribing the terms of the agency relationship. Requires the TXDOT, when acting as the agent of an other person to make contracts in accordance with law. SECTION 4. Amends Section 22.055, Transportation Code, to require a person or other public entity to: (a) accept and spend federal money under this section on the terms prescribed by state and federal law and the terms prescribed by the state; and (b) authorize a grant recipient to designate the department as its agent to accept, give a receipt for, and disburse money from grants and loans for any of the purposes of this chapter. SECTION 5. Emergency Clause. Effective upon passage.