By: Cain, Moncrief, Brown S.B. No. 569
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of certain revenue by, and other rights and
1-3 responsibilities of, certain municipalities that have territory
1-4 within the boundaries of certain airports.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (a), Section 22.074, Transportation
1-7 Code, is amended to read as follows:
1-8 (a) Public agencies acting jointly under this subchapter
1-9 shall create a joint board consisting of members appointed by the
1-10 governing authority of each participating public agency. Subject
1-11 to Section 22.0745, the [The] joint agreement shall provide for the
1-12 number to be appointed and the members' terms and compensation, if
1-13 any. The joint board shall organize, select officers for terms to
1-14 be provided by the agreement, and adopt rules for its own
1-15 procedures.
1-16 SECTION 2. Subchapter D, Chapter 22, Transportation Code, is
1-17 amended by adding Section 22.0745 to read as follows:
1-18 Sec. 22.0745. NONCONSTITUENT MUNICIPALITY REPRESENTATION ON
1-19 JOINT BOARD. (a) In this section, "nonconstituent municipality"
1-20 means a municipality that has territory within the boundaries of an
1-21 airport that is governed by a joint board for which the constituent
1-22 agencies are populous home-rule municipalities.
1-23 (b) A joint board for which the constituent agencies are
1-24 populous home-rule municipalities must include in its membership a
1-25 nonvoting member jointly appointed by the airport's nonconstituent
2-1 municipalities.
2-2 (c) A member appointed under Subsection (b) serves a
2-3 one-year term. The nonconstituent municipalities by agreement
2-4 shall establish an order under which members are appointed under
2-5 Subsection (b) that ensures that each nonconstituent municipality
2-6 has a representative on the joint board on a rotating basis.
2-7 (d) The member appointed under Subsection (b) is not
2-8 entitled to:
2-9 (1) attend or participate in a meeting of the joint
2-10 board that is a closed meeting under Chapter 551, Government Code;
2-11 or
2-12 (2) inspect or copy information that is collected,
2-13 assembled, or maintained by the joint board, if the information is
2-14 confidential or excepted from public disclosure under Chapter 552,
2-15 Government Code.
2-16 SECTION 3. Subchapter D, Chapter 22, Transportation Code, is
2-17 amended by adding Sections 22.089 and 22.090 to read as follows:
2-18 Sec. 22.089. AIRPORT REVENUE OF NONCONSTITUENT
2-19 MUNICIPALITIES. (a) In this section:
2-20 (1) "Airport revenue" means revenue that is not
2-21 already pledged or dedicated for another purpose and is received by
2-22 a nonconstituent municipality from:
2-23 (A) maintenance and operations ad valorem taxes
2-24 imposed on real and personal property located within a revenue
2-25 sharing area by the municipality;
2-26 (B) the sales and use tax imposed by the
3-1 municipality under Chapter 321, Tax Code, derived only from the
3-2 sale or use of taxable items in the revenue sharing area;
3-3 (C) franchise fees, right-of-way fees, and other
3-4 compensation paid to the municipality by a utility for the use of
3-5 the public right-of-way or other public property located within the
3-6 revenue sharing area;
3-7 (D) money collected by the municipal court,
3-8 including fines, fees, and court costs derived only from
3-9 convictions for offenses that occur in the revenue sharing area;
3-10 (E) the mixed beverage taxes received by the
3-11 municipality under Section 183.051, Tax Code, derived only from the
3-12 sale, preparation, or service of a taxable item in the revenue
3-13 sharing area;
3-14 (F) all other taxes attributable to the revenue
3-15 sharing area and deposited to the credit of the municipality's
3-16 general fund; and
3-17 (G) as agreed by the joint board and the
3-18 nonconstituent municipality, from commercial development in an area
3-19 of the municipality within the boundaries of the airport that is
3-20 not a revenue sharing area.
3-21 (2) "Excess airport revenue" means that amount of
3-22 airport revenue received by a nonconstituent municipality in the
3-23 municipality's fiscal year that exceeds the amount of airport
3-24 revenue of the municipality in the later of:
3-25 (A) the municipality's fiscal year 2000; or
3-26 (B) the first fiscal year of the municipality in
4-1 which the airport is fully operational.
4-2 (3) "Nonconstituent municipality" means a
4-3 municipality:
4-4 (A) that has territory within the boundaries of
4-5 an airport that is governed by a joint board for which the
4-6 constituent agencies are populous home-rule municipalities; and
4-7 (B) that has not entered into an agreement under
4-8 Section 22.0781 with the joint board.
4-9 (4) "Revenue sharing area" means the area of a
4-10 nonconstituent municipality located within the boundaries of the
4-11 airport that is not separated from the airport passenger terminal
4-12 buildings by a controlled access highway, as defined by Section
4-13 203.001, that runs through the municipality.
4-14 (b) Not later than December 31 of each year, each
4-15 nonconstituent municipality shall pay to the constituent agencies
4-16 an amount equal to two-thirds of the nonconstituent municipality's
4-17 excess airport revenues for the preceding fiscal year. The
4-18 constituent agencies shall divide the payment according to their
4-19 respective ownership interests in the airport to which the revenue
4-20 was attributable.
4-21 (c) Each year, as part of its annual audit, each
4-22 nonconstituent municipality shall retain an independent auditor to
4-23 verify the nonconstituent municipality's excess airport revenue.
4-24 The constituent agencies shall reimburse each nonconstituent
4-25 municipality for two-thirds of the cost of the verification. The
4-26 portion of the reimbursement to be paid by each constituent agency
5-1 shall be based on the respective ownership interests in the airport
5-2 to which the increased revenues were attributable. Once each
5-3 calendar year, each constituent agency may audit a nonconstituent
5-4 municipality's records relating to the excess airport revenue at
5-5 the sole expense of the constituent agency.
5-6 (d) Each nonconstituent municipality shall determine the
5-7 amount of the municipality's airport revenue according to available
5-8 statistical data indicating the estimated or actual total revenue
5-9 attributable to that portion of the municipality that lies within
5-10 the boundaries of the airport.
5-11 Sec. 22.090. RETAIL DEVELOPMENT WITHIN AIRPORT BOUNDARIES IN
5-12 NONCONSTITUENT MUNICIPALITY. (a) A person may not develop a
5-13 retail establishment in an area of a nonconstituent municipality,
5-14 as defined by Section 22.089, that is separated from the airport
5-15 passenger terminal buildings by a controlled access highway, as
5-16 defined by Section 203.001, without the consent of the joint board
5-17 and the nonconstituent municipality. This subsection does not
5-18 affect the powers of a joint board under Section 22.074.
5-19 (b) This section expires August 31, 2021.
5-20 SECTION 4. This Act takes effect September 1, 2001.