By: Patterson S.B. No. 950
A BILL TO BE ENTITLED
AN ACT
1-1 relating to assistance for certain airports.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (b), Section 21.105, Transportation
1-4 Code, is amended to read as follows:
1-5 (b) Before approving a loan or grant, the commission shall
1-6 require that:
1-7 (1) the airport or facility remain open to the public
1-8 [in the control of each political subdivision involved] for at
1-9 least 20 years, except for a grant made for the purpose of carrying
1-10 out routine airport maintenance;
1-11 (2) the grant recipient [political subdivision]
1-12 disclose the source of all funds for the project and the grant
1-13 recipient's [political subdivision's] ability to finance and
1-14 operate the project;
1-15 (3) at least 10 percent of the total project cost be
1-16 provided by sources other than the state; and
1-17 (4) the project be adequately planned.
1-18 SECTION 2. Section 21.114, Transportation Code, is amended
1-19 to read as follows:
1-20 Sec. 21.114. AGENT FOR FEDERAL FUNDS. [(a)] The department
1-21 is the agent of the state, [and of] each political subdivision of
1-22 the state, and each person eligible for federal grant funds for the
1-23 purpose of applying for, receiving, and disbursing federal funds
2-1 for the benefit of a general aviation, reliever, or nonprimary
2-2 commercial service airport under federal law[, including 49 U.S.C.
2-3 Sections 2201-2227].
2-4 [(b) This section does not apply to a reliever airport.]
2-5 SECTION 3. Section 22.018, Transportation Code, is amended
2-6 to read as follows:
2-7 Sec. 22.018. DESIGNATION OF TEXAS DEPARTMENT OF
2-8 TRANSPORTATION AS AGENT IN CONTRACTING AND SUPERVISING. (a) A
2-9 local government or a person eligible for federal airport
2-10 improvement grant funds may designate the Texas Department of
2-11 Transportation as its agent in contracting for and supervising the
2-12 planning, acquiring, constructing, improving, equipping,
2-13 maintaining, or operating of an airport or air navigation facility.
2-14 (b) A local government or a person eligible for federal
2-15 airport improvement grant funds may enter into an agreement with
2-16 the department prescribing the terms of the agency relationship in
2-17 accordance with the terms prescribed by the United States, if
2-18 federal money is involved, and in accordance with the laws of this
2-19 state.
2-20 (c) The department, in acting as the agent of a local
2-21 government or other person under this section, shall make each
2-22 contract in accordance with the law governing the making of
2-23 contracts by or on behalf of the state.
2-24 SECTION 4. Section 22.055, Transportation Code, is amended
2-25 to read as follows:
3-1 Sec. 22.055. FEDERAL AND STATE AID; OTHER GRANTS AND LOANS.
3-2 (a) A local government or other person, including a public entity,
3-3 may accept, give a receipt for, disburse, and spend money from
3-4 grants and loans for any of the purposes of this chapter. A local
3-5 government or other person eligible for federal airport improvement
3-6 grant funds must accept and spend federal money under this section
3-7 on the terms prescribed by the United States and consistent with
3-8 state law. A local government or other public entity must accept
3-9 and spend state money under this section on the terms prescribed by
3-10 the state. Unless the agency from which the money is received
3-11 prescribes otherwise, the chief financial officer of the grant or
3-12 loan recipient [local government] shall deposit the money in
3-13 separate funds designated according to the purposes for which the
3-14 money is made available and shall keep it in trust for those
3-15 purposes.
3-16 (b) A local government or other person eligible for federal
3-17 airport improvement grant funds may designate the Texas Department
3-18 of Transportation as its agent to accept, give a receipt for, and
3-19 disburse money from grants and loans for any of the purposes of
3-20 this chapter. The department shall accept and shall transfer or
3-21 spend federal money accepted under this section on the terms
3-22 prescribed by the United States. The department shall deposit
3-23 money it receives under this subsection in the state treasury and,
3-24 unless the agency from which the money is received prescribes
3-25 otherwise, shall keep the money in separate funds designated
4-1 according to the purposes for which the money is made available,
4-2 and the state shall hold the money in trust for those purposes.
4-3 SECTION 5. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended,
4-8 and that this Act take effect and be in force from and after its
4-9 passage, and it is so enacted.