By Tillery                                            H.B. No. 2123
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the reimbursement of expenses incurred by certain
 1-3     airports for providing municipal services within the boundaries of
 1-4     a municipality.
 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.  REIMBURSEMENT FOR PROVISION OF MUNICIPAL
 1-9     SERVICES.  (a)  If one or more airport passenger terminal buildings
1-10     owned jointly by populous home-rule municipalities that are
1-11     constituent agencies are located within the boundaries of a
1-12     municipality that is not a constituent agency, the municipality
1-13     that is not a constituent agency shall reimburse the airport for
1-14     expenses incurred by the airport in providing one or more of the
1-15     services listed in Section 43.056(b), Local Government Code, in
1-16     accordance with Subsection (b).
1-17           (b)  If the governing body of the airport so elects, the
1-18     governing body may require the municipality that is not a
1-19     constituent agency to reimburse the airport or the constituent
1-20     agencies for the expenses incurred by the airport an amount equal
1-21     to the lesser of:
1-22                 (1)  the total cost to the airport of providing one or
1-23     more services listed in Section 43.056(b), Local Government Code,
1-24     provided within the corporate boundaries of the municipality that
 2-1     is not a constituent agency; or
 2-2                 (2)  the sum of the following amounts collected,
 2-3     credited to, or received by a municipality in any calendar year
 2-4     that are generated from that part of the municipality lying within
 2-5     the geographic boundaries of an airport subject to the authority of
 2-6     a joint board:
 2-7                       (A)  the annual maintenance and operation portion
 2-8     of the ad valorem tax levy on real and personal property, excluding
 2-9     the portion necessary for general obligation debt service of the
2-10     municipality;
2-11                       (B)  sales and use taxes, excluding sales and use
2-12     tax levies dedicated for specific purposes authorized by law;
2-13                       (C)  utility franchise taxes;
2-14                       (D)  municipal court revenues, including fines,
2-15     fees, and court costs resulting from citations written by airport
2-16     police officers or airport security personnel who are peace
2-17     officers under Article 2.12, Code of Criminal Procedure, for
2-18     violations of law occurring within the geographic boundaries of the
2-19     airport;
2-20                       (E)  mixed beverage taxes; and
2-21                       (F)  all other general revenue tax levies.
2-22           (c)  Reimbursements required under this section shall be paid
2-23     yearly by March 31 of the calendar year following the calendar year
2-24     in which the expenses were incurred.
2-25           (d)  This section applies only to a municipality that is not
2-26     a constituent agency and that has not entered into an agreement as
2-27     authorized under Section 22.0781.
 3-1           SECTION 2.  This Act takes effect January 1, 2002.