By: Nelson S.B. No. 881
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the land uses authorized at certain airports operated
1-3 jointly by two municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 3, Chapter 22, Transportation Code, is
1-6 amended by adding Section 22.080 to read as follows:
1-7 Sec. 22.080. DISPOSAL OF PROPERTY. (a) It is the policy of
1-8 the State that real property owned by airports jointly owned by two
1-9 municipalities shall be used only for essential airport services.
1-10 The State acknowledges that it is not the role of governmental
1-11 entities to compete with private sector entrepreneurship.
1-12 Moreover, the State has adopted a system of school finance that
1-13 requires all real and personal property that is not used for
1-14 governmental purposes to be subject to ad valorem property taxation
1-15 for the betterment of all school children in the State.
1-16 (b) An airport described in this subchapter shall determine
1-17 its long-term plans for all of the real property situated within
1-18 its boundaries and designate the uses for said land in a report to
1-19 the Department no later than December 31, 2001. An airport's land
1-20 use report shall specify the current and planned uses of such land
1-21 over the next succeeding five years, including any planned
1-22 expansion that will require annexation.
1-23 (c) An airport described in this subchapter shall be
2-1 required to divest itself of ownership of any real property that is
2-2 not designated for essential airport services in the land use
2-3 report described in subsection (b) above.
2-4 (1) In this subsection, essential airport service
2-5 means use as a runway, an airport terminal, runway right-of-way, an
2-6 air navigation facility, or an airport hazard area. Improvements
2-7 such as commercial buildings may be considered to be used for
2-8 essential airport services only if they are used by companies whose
2-9 products or services are directly related to air navigation and
2-10 transportation. The Department shall be authorized to approve all
2-11 designations of essential airport services made pursuant to this
2-12 section.
2-13 (2) An airport shall be required to sell real property
2-14 not planned to be utilized for essential airport services before
2-15 the fifth anniversary of the submission to the Department of the
2-16 land use report required herein. If the real property cannot be
2-17 sold for fair market value as determined by an independent
2-18 appraisal, then the airport may be allowed to retain ownership of
2-19 said property, upon the approval of the Department, providing that
2-20 the municipality in which said land is located shall be authorized
2-21 to regulate said land's uses through its zoning authority,
2-22 notwithstanding any other law to the contrary.
2-23 (d) The Department shall perform an audit of each airport
2-24 that is jointly owned by two municipalities each fifth year after
2-25 the effective date of this Act, and if it determines that land that
2-26 remains owned by the airport is not used for essential airport
3-1 services, then the Department shall issue a warning to the airport
3-2 that said finding has been made. If the next audit performed by
3-3 the Department finds the real property identified in the prior
3-4 audit is still not used for essential airport services, then the
3-5 Department shall commence an action to enforce the intent of this
3-6 Act and to secure the divestiture of said real property
3-7 immediately.
3-8 (e) An airport owned by two municipalities shall be required
3-9 to reimburse the Department for the costs incurred in performing
3-10 the audits required in this Section.
3-11 (f) The Department is authorized to adopt rules to implement
3-12 the intent of this section.
3-13 Section 2. This Act takes effect immediately if it receives
3-14 a vote of two-thirds of all the members elected to each house, as
3-15 provided by Section 39, Article II, Texas Constitution. If this
3-16 Act does not receive the vote necessary for immediate effect, this
3-17 Act takes effect September 1, 2001.