1-1 AN ACT
1-2 relating to the financing and disposition of certain airport and
1-3 air navigation facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 378.004, Local Government
1-6 Code, as added by Chapter 1221, Acts of the 76th Legislature,
1-7 Regular Session, 1999, is amended to read as follows:
1-8 (a) An authority may exercise power necessary or convenient
1-9 to carry out a purpose of this chapter, including the power to:
1-10 (1) adopt an official seal, or alter it;
1-11 (2) adopt rules;
1-12 (3) enter into a contract or incur a liability;
1-13 (4) acquire and dispose of money;
1-14 (5) select a depository;
1-15 (6) establish a system of accounts for the authority;
1-16 (7) invest funds in accordance with Chapter 2256,
1-17 Government Code;
1-18 (8) set the fiscal year for the authority;
1-19 (9) adopt an annual operating budget for major
1-20 expenditures before the beginning of the fiscal year;
1-21 (10) borrow money or issue a bond in an amount that
1-22 does not exceed the maximum amount set by the governing body of the
1-23 municipality;
1-24 (11) loan money;
1-25 (12) acquire, lease, lease-purchase, convey, grant a
2-1 mortgage on, or otherwise dispose of a property right, including a
2-2 right regarding base property;
2-3 (13) lease property located on the base property to a
2-4 person to effect the purposes of this chapter;
2-5 (14) request and accept a donation, grant, guaranty,
2-6 or loan from any source permitted by law;
2-7 (15) operate and maintain an office;
2-8 (16) charge for a facility or service; [and]
2-9 (17) exercise a power granted to a municipality by
2-10 Chapter 380;
2-11 (18) authorize by resolution the incorporation of a
2-12 nonprofit airport facility financing corporation as provided and
2-13 authorized by Subchapter E, Chapter 22, Transportation Code, to
2-14 provide financing to pay the costs, including interest, and
2-15 reserves for the costs of an airport facility authorized by that
2-16 chapter and for other purposes set forth in the articles of
2-17 incorporation; and
2-18 (19) exercise the powers granted to a local government
2-19 for the financing of facilities to be located on airport property,
2-20 including those set out in Chapter 22, Transportation Code,
2-21 consistent with the requirements and the purposes of Section 52-a,
2-22 Article III, Texas Constitution.
2-23 SECTION 2. Section 378.010, Local Government Code, is
2-24 amended by adding Subsection (c) to read as follows:
2-25 (c) An authority issuing bonds under this section may
2-26 exercise the powers granted to the governing body of an issuer with
3-1 regard to the issuance of obligations and the execution of credit
3-2 agreements under Chapter 1371, Government Code.
3-3 SECTION 3. Section 22.024, Transportation Code, is amended
3-4 by adding Subsection (d) to read as follows:
3-5 (d) Notwithstanding Subsection (a), the competitive bidding
3-6 requirements of Chapters 252 and 272, Local Government Code, do not
3-7 apply to an exchange, sale, lease, or other disposition of land or
3-8 other real property interest by a municipality if:
3-9 (1) the land or other property interest is part of an
3-10 air navigation facility that is a former military installation; and
3-11 (2) the disposition:
3-12 (A) is part of a plan to redevelop the facility
3-13 as an airport-related industrial park or community; and
3-14 (B) promotes the best interest of the
3-15 municipality.
3-16 SECTION 4. This Act takes effect immediately if it receives
3-17 a vote of two-thirds of all the members elected to each house, as
3-18 provided by Section 39, Article III, Texas Constitution. If this
3-19 Act does not receive the vote necessary for immediate effect, this
3-20 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1214 passed the Senate on
May 8, 2001, by the following vote: Yeas 28, Nays 0, one present,
not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1214 passed the House on
May 23, 2001, by the following vote: Yeas 145, Nays 0, two
present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor