1-1 By: Patterson S.B. No. 950
1-2 (In the Senate - Filed March 5, 1997; March 6, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 25, 1997, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; March 25, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to assistance for certain airports.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (b), Section 21.105, Transportation
1-11 Code, is amended to read as follows:
1-12 (b) Before approving a loan or grant, the commission shall
1-13 require that:
1-14 (1) the airport or facility remain open to the public
1-15 [in the control of each political subdivision involved] for at
1-16 least 20 years, except for a grant made for the purpose of carrying
1-17 out routine airport maintenance;
1-18 (2) the grant recipient [political subdivision]
1-19 disclose the source of all funds for the project and the grant
1-20 recipient's [political subdivision's] ability to finance and
1-21 operate the project;
1-22 (3) at least 10 percent of the total project cost be
1-23 provided by sources other than the state; and
1-24 (4) the project be adequately planned.
1-25 SECTION 2. Section 21.114, Transportation Code, is amended
1-26 to read as follows:
1-27 Sec. 21.114. AGENT FOR FEDERAL FUNDS. [(a)] The department
1-28 is the agent of the state, [and of] each political subdivision of
1-29 the state, and each person eligible for federal grant funds for the
1-30 purpose of applying for, receiving, and disbursing federal funds
1-31 for the benefit of a general aviation, reliever, or nonprimary
1-32 commercial service airport under federal law[, including 49 U.S.C.
1-33 Sections 2201-2227].
1-34 [(b) This section does not apply to a reliever airport.]
1-35 SECTION 3. Section 22.018, Transportation Code, is amended
1-36 to read as follows:
1-37 Sec. 22.018. DESIGNATION OF TEXAS DEPARTMENT OF
1-38 TRANSPORTATION AS AGENT IN CONTRACTING AND SUPERVISING. (a) A
1-39 local government or a person eligible for federal airport
1-40 improvement grant funds may designate the Texas Department of
1-41 Transportation as its agent in contracting for and supervising the
1-42 planning, acquiring, constructing, improving, equipping,
1-43 maintaining, or operating of an airport or air navigation facility.
1-44 (b) A local government or a person eligible for federal
1-45 airport improvement grant funds may enter into an agreement with
1-46 the department prescribing the terms of the agency relationship in
1-47 accordance with the terms prescribed by the United States, if
1-48 federal money is involved, and in accordance with the laws of this
1-49 state.
1-50 (c) The department, in acting as the agent of a local
1-51 government or other person under this section, shall make each
1-52 contract in accordance with the law governing the making of
1-53 contracts by or on behalf of the state.
1-54 SECTION 4. Section 22.055, Transportation Code, is amended
1-55 to read as follows:
1-56 Sec. 22.055. FEDERAL AND STATE AID; OTHER GRANTS AND LOANS.
1-57 (a) A local government or other person, including a public entity,
1-58 may accept, give a receipt for, disburse, and spend money from
1-59 grants and loans for any of the purposes of this chapter. A local
1-60 government or other person eligible for federal airport improvement
1-61 grant funds must accept and spend federal money under this section
1-62 on the terms prescribed by the United States and consistent with
1-63 state law. A local government or other public entity must accept
1-64 and spend state money under this section on the terms prescribed by
2-1 the state. Unless the agency from which the money is received
2-2 prescribes otherwise, the chief financial officer of the grant or
2-3 loan recipient [local government] shall deposit the money in
2-4 separate funds designated according to the purposes for which the
2-5 money is made available and shall keep it in trust for those
2-6 purposes.
2-7 (b) A local government or other person eligible for federal
2-8 airport improvement grant funds may designate the Texas Department
2-9 of Transportation as its agent to accept, give a receipt for, and
2-10 disburse money from grants and loans for any of the purposes of
2-11 this chapter. The department shall accept and shall transfer or
2-12 spend federal money accepted under this section on the terms
2-13 prescribed by the United States. The department shall deposit
2-14 money it receives under this subsection in the state treasury and,
2-15 unless the agency from which the money is received prescribes
2-16 otherwise, shall keep the money in separate funds designated
2-17 according to the purposes for which the money is made available,
2-18 and the state shall hold the money in trust for those purposes.
2-19 SECTION 5. 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.
2-26 * * * * *