By Oliveira H.B. No. 1288 75R4370 DRH-D A BILL TO BE ENTITLED 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) If a 1-8 local government is unable to determine the ownership of an 1-9 aircraft located at an airport owned by the local government, the 1-10 local government may petition a district court for the county in 1-11 which the aircraft is located to determine the ownership of the 1-12 aircraft. 1-13 (b) On filing of a petition under Subsection (a), the court 1-14 shall hold a hearing to determine the ownership status of the 1-15 aircraft. The local government shall present the court with all 1-16 evidence the local government has in its possession about the 1-17 ownership of the aircraft. If the evidence is sufficient to 1-18 determine ownership of the aircraft, the court shall notify the 1-19 owner of the aircraft. 1-20 (c) If the court is unable to make a determination under 1-21 Subsection (b), the court shall require the local government to 1-22 collect additional evidence about ownership or to provide notice in 1-23 the manner that is most likely to reach the owner of the aircraft. 1-24 Unless evidence is discovered that allows the court to determine 2-1 the owner of the aircraft, the court may not take further action on 2-2 making a determination of ownership until after the 60th day after 2-3 the date of the hearing under Subsection (b). 2-4 (d) If the court cannot make a determination on the 2-5 ownership of the aircraft after requiring the local government to 2-6 take additional steps under Subsection (c), the court shall declare 2-7 the aircraft as abandoned property, and the court shall give title 2-8 to the aircraft to the local government. The local government 2-9 shall dispose of the aircraft in the same manner the local 2-10 government disposes of salvage or surplus property. 2-11 (e) If an owner of an aircraft fails to claim the aircraft 2-12 within 60 days after the date notice is given under Subsection (b), 2-13 the local government may petition the district court to declare the 2-14 aircraft abandoned property under Subsection (d). 2-15 (f) A determination of ownership made by the court under 2-16 this section does not affect the right of the local government to 2-17 recover fees against the owner of the aircraft for storage or 2-18 maintenance of the aircraft. 2-19 SECTION 2. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended, 2-24 and that this Act take effect and be in force from and after its 2-25 passage, and it is so enacted.