By Patterson S.B. No. 950
75R7020 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assistance for certain airports.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.105(b), Transportation Code, is
1-5 amended to read as follows:
1-6 (b) Before approving a loan or grant, the commission shall
1-7 require that:
1-8 (1) the airport or facility remain open to the public
1-9 [in the control of each political subdivision involved] for at
1-10 least 20 years, except for a grant made for the purpose of carrying
1-11 out routine airport maintenance;
1-12 (2) the grant recipient [political subdivision]
1-13 disclose the source of all funds for the project and the grant
1-14 recipient's [political subdivision's] ability to finance and
1-15 operate the project;
1-16 (3) at least 10 percent of the total project cost be
1-17 provided by sources other than the state; and
1-18 (4) the project be adequately planned.
1-19 SECTION 2. Section 21.114, Transportation Code, is amended
1-20 to read as follows:
1-21 Sec. 21.114. AGENT FOR FEDERAL FUNDS. [(a)] The department
1-22 is the agent of the state, [and of] each political subdivision of
1-23 the state, and each person eligible for federal grant funds, for
1-24 the purpose of applying for, receiving, and disbursing federal
2-1 funds for the benefit of a general aviation, reliever, or
2-2 non-primary commercial service airport under federal law[,
2-3 including 49 U.S.C. 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:
2-26 Sec. 22.055. FEDERAL AND STATE AID; OTHER GRANTS AND LOANS.
2-27 (a) A local government or other person, including a public entity,
3-1 may accept, give a receipt for, disburse, and spend money from
3-2 grants and loans for any of the purposes of this chapter. A local
3-3 government or other person eligible for federal airport improvement
3-4 grant funds must accept and spend federal money under this section
3-5 on the terms prescribed by the United States and consistent with
3-6 state law. A local government or other public entity must accept
3-7 and spend state money under this section on the terms prescribed by
3-8 the state. Unless the agency from which the money is received
3-9 prescribes otherwise, the chief financial officer of the grant or
3-10 loan recipient [local government] shall deposit the money in
3-11 separate funds designated according to the purposes for which the
3-12 money is made available and shall keep it in trust for those
3-13 purposes.
3-14 (b) A local government or other person eligible for federal
3-15 airport improvement grant funds may designate the Texas Department
3-16 of Transportation as its agent to accept, give a receipt for, and
3-17 disburse money from grants and loans for any of the purposes of
3-18 this chapter. The department shall accept and shall transfer or
3-19 spend federal money accepted under this section on the terms
3-20 prescribed by the United States. The department shall deposit
3-21 money it receives under this subsection in the state treasury and,
3-22 unless the agency from which the money is received prescribes
3-23 otherwise, shall keep the money in separate funds designated
3-24 according to the purposes for which the money is made available,
3-25 and the state shall hold the money in trust for those purposes.
3-26 SECTION 5. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended,
4-4 and that this Act take effect and be in force from and after its
4-5 passage, and it is so enacted.