1-1     By:  Sibley                                           S.B. No. 1904

 1-2           (In the Senate - Filed March 21, 1997; March 25, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 7, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; April 7, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to responsibility for state aircraft used for flight

 1-9     training programs by public postsecondary educational institutions.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter B, Chapter 2205, Government Code, is

1-12     amended by adding Section 2205.046 to read as follows:

1-13           Sec. 2205.046.  AIRCRAFT FOR FLIGHT TRAINING PROGRAMS.

1-14     (a)  The board may transfer aircraft to a public technical

1-15     institute or other public postsecondary educational institution for

1-16     use in the institution's flight training program.  Except as

1-17     provided by this section, the board has no responsibility for

1-18     aircraft transferred under this section.

1-19           (b)  As a condition to the transfer of the aircraft, the

1-20     institution must certify in writing to the board that the aircraft

1-21     will be properly maintained while in the custody and control of the

1-22     institution.  The board is entitled to inspect the aircraft without

1-23     notice for the purpose of insuring that the aircraft are properly

1-24     maintained.

1-25           (c)  The board may immediately reassume custody and control

1-26     of a transferred aircraft on a finding by the board that:

1-27                 (1)  the aircraft is not being properly maintained;

1-28                 (2)  the aircraft is being used for a purpose other

1-29     than flight training; or

1-30                 (3)  the institution has discontinued its flight

1-31     training program.

1-32           SECTION 2.  The importance of this legislation and the

1-33     crowded condition of the calendars in both houses create an

1-34     emergency and an imperative public necessity that the

1-35     constitutional rule requiring bills to be read on three several

1-36     days in each house be suspended, and this rule is hereby suspended,

1-37     and that this Act take effect and be in force from and after its

1-38     passage, and it is so enacted.

1-39                                  * * * * *