1-1 AN ACT
1-2 relating to the disposal of abandoned aircraft by a municipality.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 22, Transportation Code, is amended by
1-5 adding Subchapter Z to read as follows:
1-6 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
1-7 Sec. 22.901. DISPOSAL OF ABANDONED AIRCRAFT. (a) A local
1-8 government that is unable to determine the ownership of an aircraft
1-9 that has been located for more than 90 days at an airport owned by
1-10 the local government may petition a district court for the county
1-11 in which the aircraft is located to determine the ownership of the
1-12 aircraft if:
1-13 (1) the local government has provided notice in the
1-14 same manner as provided by Section 683.012 for notice of an
1-15 abandoned motor vehicle; and
1-16 (2) the local government has contacted the Federal
1-17 Aviation Administration in an attempt to identify the owner of the
1-18 aircraft.
1-19 (b) On filing of a petition under Subsection (a), the court
1-20 shall hold a hearing to determine the ownership status of the
1-21 aircraft. The local government shall present the court with all
1-22 evidence the local government has in its possession about the
1-23 ownership of the aircraft. If the evidence is sufficient to
1-24 determine ownership of the aircraft, the court shall notify the
2-1 owner of the aircraft.
2-2 (c) If the court is unable to make a determination under
2-3 Subsection (b), the court shall require the local government to
2-4 collect additional evidence about ownership or to provide notice in
2-5 the manner that is most likely to reach the owner of the aircraft.
2-6 Unless evidence is discovered that allows the court to determine
2-7 the owner of the aircraft, the court may not take further action on
2-8 making a determination of ownership until after the 60th day after
2-9 the date of the hearing under Subsection (b).
2-10 (d) If the court cannot make a determination on the
2-11 ownership of the aircraft after requiring the local government to
2-12 take additional steps under Subsection (c), the court shall declare
2-13 the aircraft as abandoned property, and the court shall give title
2-14 to the aircraft to the local government. The local government
2-15 shall dispose of the aircraft in the same manner the local
2-16 government disposes of salvage or surplus property.
2-17 (e) If an owner of an aircraft fails to claim the aircraft
2-18 within 60 days after the date notice is given under Subsection (b),
2-19 the local government may petition the district court to declare the
2-20 aircraft abandoned property under Subsection (d).
2-21 (f) A determination of ownership made by the court under
2-22 this section does not affect the right of the local government to
2-23 recover fees against the owner of the aircraft for storage or
2-24 maintenance of the aircraft.
2-25 SECTION 2. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended,
3-3 and that this Act take effect and be in force from and after its
3-4 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1288 was passed by the House on April
8, 1997, by the following vote: Yeas 145, Nays 0, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1288 was passed by the Senate on May
19, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor