Amend CSSB 569 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 22.074(a), Transportation Code, is
amended to read as follows:
(a) Public agencies acting jointly under this subchapter
shall create a joint board consisting of members appointed by the
governing authority of each participating public agency. Subject
to Section 22.0745, the <The> joint agreement shall provide for the
number to be appointed and the members' terms and compensation, if
any. The joint board shall organize, select officers for terms to
be provided by the agreement, and adopt rules for its own
procedures.
SECTION 2. Subchapter D, Chapter 22, Transportation Code, is
amended by adding Section 22.0745 to read as follows:
Sec. 22.0745. NONCONSTITUENT MUNICIPALITY REPRESENTATION ON
JOINT BOARD. (a) In this section, "nonconstituent municipality"
means a municipality that has territory within the boundaries of an
airport that is governed by a joint board for which the constituent
agencies are populous home-rule municipalities.
(b) A joint board for which the constituent agencies are
populous home-rule municipalities must include in its membership a
nonvoting member jointly appointed by the airport's nonconstituent
municipalities.
(c) A member appointed under Subsection (b) serves a
one-year term. The nonconstituent municipalities by agreement
shall establish an order under which members are appointed under
that subsection that ensures that each nonconstituent municipality
has a representative on the joint board on a rotating basis.
(d) The member appointed under Subsection (b) is not
entitled to:
(1) attend or participate in a meeting of the joint
board that is a closed meeting under Chapter 551, Government Code;
or
(2) inspect or copy information that is collected,
assembled, or maintained by the joint board, if the information is
confidential or excepted from public disclosure under Chapter 552,
Government Code.
SECTION 3. Subchapter D, Chapter 22, Transportation Code, is
amended by adding Sections 22.089 and 22.090 to read as follows:
Sec. 22.089. AIRPORT REVENUE OF NONCONSTITUENT
MUNICIPALITIES. (a) In this section:
(1) "Airport revenue" means revenue that is not
already pledged or dedicated for another purpose and is received by
a nonconstituent municipality from:
(A) maintenance and operations ad valorem taxes
imposed on real and personal property located within a revenue
sharing area by the municipality;
(B) the sales and use tax imposed by the
municipality under Chapter 321, Tax Code, derived only from the
sale or use of taxable items in the revenue sharing area;
(C) franchise fees, right-of-way fees, and other
compensation paid to the municipality by a utility for the use of
the public right-of-way or other public property located within the
revenue sharing area;
(D) money collected by the municipal court,
including fines, fees, and court costs derived only from
convictions for offenses that occur in the revenue sharing area;
(E) the mixed beverage taxes received by the
municipality under Section 183.051, Tax Code, derived only from the
sale, preparation, or service of a taxable item in the revenue
sharing area;
(F) all other taxes attributable to the revenue
sharing area and deposited to the credit of the municipality's
general fund; and
(G) as agreed by the joint board and the
nonconstituent municipality, from commercial development in an area
of the municipality within the boundaries of the airport that is
not a revenue sharing area.
(2) "Excess airport revenue" means that amount of
airport revenue received by a nonconstituent municipality in the
municipality's fiscal year that exceeds the amount of airport
revenue of the municipality in the later of:
(A) the municipality's fiscal year 2000; or
(B) the first fiscal year of the municipality in
which the airport is fully operational.
(3) "Nonconstituent municipality" means a
municipality:
(A) that has territory within the boundaries of
an airport that is governed by a joint board for which the
constituent agencies are populous home-rule municipalities; and
(B) that has not entered into an agreement under
Section 22.0781 with the joint board.
(4) "Revenue sharing area" means the area of a
nonconstituent municipality located within the boundaries of the
airport that is not separated from the airport passenger terminal
buildings by a controlled access highway, as defined by Section
203.001, that runs through the municipality.
(b) Not later than December 31 of each year, each
nonconstituent municipality shall pay to the constituent agencies
an amount equal to two-thirds of the nonconstituent municipality's
excess airport revenues for the preceding fiscal year. The
constituent agencies shall divide the payment according to their
respective ownership interests in the airport to which the revenue
was attributable.
(c) Each year, as part of its annual audit, each
nonconstituent municipality shall retain an independent auditor to
verify the nonconstituent municipality's excess airport revenue.
The constituent agencies shall reimburse each nonconstituent
municipality for two-thirds of the cost of the verification. The
portion of the reimbursement to be paid by each constituent agency
shall be based on the respective ownership interests in the airport
to which the increased revenues were attributable. Once each
calendar year, each constituent agency may audit a nonconstituent
municipality's records relating to the excess airport revenue at
the sole expense of the constituent agency.
(d) Each nonconstituent municipality shall determine the
amount of the municipality's airport revenue according to available
statistical data indicating the estimated or actual total revenue
attributable to that portion of the municipality that lies within
the boundaries of the airport.
Sec. 22.090. RETAIL DEVELOPMENT WITHIN AIRPORT BOUNDARIES IN
NONCONSTITUENT MUNICIPALITY. (a) A person may not develop a retail
establishment in an area of a nonconstituent municipality, as
defined by Section 22.089, that is separated from the airport
passenger terminal buildings by a controlled access highway, as
defined by Section 203.001, without the consent of the joint board
and the nonconstituent municipality. This subsection does not
affect the powers of a joint board under Section 22.074.
(b) This section expires August 31, 2021.
SECTION 4. This Act takes effect September 1, 2001.