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. 1-62 * * * * *