By Lewis of Tarrant H.B. No. 2083 77R3662 JAT-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of certain revenue by non-constituent 1-3 municipalities that have territory within the boundaries of certain 1-4 airports. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter D, Chapter 22, Transportation Code, is 1-7 amended by adding Section 22.089 to read as follows: 1-8 Sec. 22.089. AIRPORT REVENUE OF NON-CONSTITUENT 1-9 MUNICIPALITIES. (a) In this section: 1-10 (1) "Airport revenue" means revenue that is not 1-11 already pledged or dedicated for another purpose and is received by 1-12 a non-constituent municipality from: 1-13 (A) maintenance and operations ad valorem taxes 1-14 imposed on real and personal property located within the boundaries 1-15 of the airport by the municipality; 1-16 (B) the sales and use tax imposed by the 1-17 municipality under Chapter 321, Tax Code, derived only from the 1-18 sale or use of taxable items in that portion of the municipality 1-19 located within the boundaries of the airport; 1-20 (C) franchise fees, right-of-way fees, and other 1-21 compensation paid to the municipality by a utility for the use of 1-22 the public right-of-way or other public property located within the 1-23 boundaries of the airport; 1-24 (D) money collected by the municipal court, 2-1 including fines, fees, and court costs derived only from 2-2 convictions for offenses that occur in that portion of the 2-3 municipality located within the boundaries of the airport; 2-4 (E) the mixed beverage taxes received by the 2-5 municipality under Section 183.051, Tax Code, derived only from the 2-6 sale, preparation, or service of a taxable item in that portion of 2-7 the municipality located within the boundaries of the airport; 2-8 (F) the hotel occupancy tax imposed by the 2-9 municipality under Chapter 351, Tax Code, derived only from an 2-10 occupancy of a hotel in that portion of the municipality located 2-11 within the boundaries of the airport; and 2-12 (G) all other taxes attributable to that portion 2-13 of the municipality within the airport's boundaries and deposited 2-14 to the credit of the municipality's general fund. 2-15 (2) "Excess airport revenue" means that amount of 2-16 revenue received by a non-constituent municipality in a calendar 2-17 year that exceeds the amount of airport revenue of the municipality 2-18 in the later of: 2-19 (A) the year 2001; or 2-20 (B) the first year in which the airport is fully 2-21 operational. 2-22 (3) "Non-constituent municipality" means a 2-23 municipality that has territory within the boundaries of an airport 2-24 that is governed by a joint board for which the constituent 2-25 agencies are populous home-rule municipalities. 2-26 (b) Not later than March 31 of each year, each 2-27 non-constituent municipality shall pay to the constituent agencies 3-1 an amount equal to two-thirds of the non-constituent municipality's 3-2 excess airport revenues for the preceding calendar year. The 3-3 constituent agencies shall divide the payment according to their 3-4 respective ownership interests in the airport to which the revenue 3-5 was attributable. 3-6 (c) Each year, each non-constituent municipality shall 3-7 retain an independent auditor to verify the non-constituent 3-8 municipality's excess airport revenue. The constituent agencies 3-9 shall reimburse each non-constituent municipality for two-thirds of 3-10 the cost of the verification. The portion of the reimbursement to 3-11 be paid by each constituent agency shall be based on the respective 3-12 ownership interests in the airport to which the increased revenues 3-13 were attributable. Once each calendar year, each constituent 3-14 agency may audit a non-constituent municipality's records relating 3-15 to the excess airport revenue at the sole expense of the 3-16 constituent agency. 3-17 (d) Each non-constituent municipality shall determine the 3-18 amount of the municipality's airport revenue according to available 3-19 statistical data indicating the estimated or actual total revenue 3-20 attributable to that portion of the municipality that lies within 3-21 the boundaries of the airport. 3-22 SECTION 2. This Act takes effect September 1, 2001.