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.