1-1     By:  Oliveira (Senate Sponsor - Lucio)                H.B. No. 1288

 1-2           (In the Senate - Received from the House April 9, 1997;

 1-3     April 10, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 8, 1997, reported favorably by the following vote:

 1-5     Yeas 12, Nays 0; May 8, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the disposal of abandoned aircraft by a municipality.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Chapter 22, Transportation Code, is amended by

1-11     adding Subchapter Z to read as follows:

1-12                   SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS

1-13           Sec. 22.901.  DISPOSAL OF ABANDONED AIRCRAFT.  (a)  A local

1-14     government that is unable to determine the ownership of an aircraft

1-15     that has been located for more than 90 days at an airport owned by

1-16     the local government may petition a district court for the county

1-17     in which the aircraft is located to determine the ownership of the

1-18     aircraft if:

1-19                 (1)  the local government has provided notice in the

1-20     same manner as provided by Section 683.012 for notice of an

1-21     abandoned motor vehicle; and

1-22                 (2)  the local government has contacted the Federal

1-23     Aviation Administration in an attempt to identify the owner of the

1-24     aircraft.

1-25           (b)  On filing of a petition under Subsection (a), the court

1-26     shall hold a hearing to determine the ownership status of the

1-27     aircraft.  The local government shall present the court with all

1-28     evidence the local government has in its possession about the

1-29     ownership of the aircraft.  If the evidence is sufficient to

1-30     determine ownership of the aircraft, the court shall notify the

1-31     owner of the aircraft.

1-32           (c)  If the court is unable to make a determination under

1-33     Subsection (b), the court shall require the local government to

1-34     collect additional evidence about ownership or to provide notice in

1-35     the manner that is most likely to reach the owner of the aircraft.

1-36     Unless evidence is discovered that allows the court to determine

1-37     the owner of the aircraft, the court may not take further action on

1-38     making a determination of ownership until after the 60th day after

1-39     the date of the hearing under Subsection (b).

1-40           (d)  If the court cannot make a determination on the

1-41     ownership of the aircraft after requiring the local government to

1-42     take additional steps under Subsection (c), the court shall declare

1-43     the aircraft as abandoned property, and the court shall give title

1-44     to the aircraft to the local government.  The local government

1-45     shall dispose of the aircraft in the same manner the local

1-46     government disposes of salvage or surplus property.

1-47           (e)  If an owner of an aircraft fails to claim the aircraft

1-48     within 60 days after the date notice is given under Subsection (b),

1-49     the local government may petition the district court to declare the

1-50     aircraft abandoned property under Subsection (d).

1-51           (f)  A determination of ownership made by the court under

1-52     this section does not affect the right of the local government to

1-53     recover fees against the owner of the aircraft for storage or

1-54     maintenance of the aircraft.

1-55           SECTION 2.  The importance of this legislation and the

1-56     crowded condition of the calendars in both houses create an

1-57     emergency and an imperative public necessity that the

1-58     constitutional rule requiring bills to be read on three several

1-59     days in each house be suspended, and this rule is hereby suspended,

1-60     and that this Act take effect and be in force from and after its

1-61     passage, and it is so enacted.

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