SRC-VRA S.B. 915 78(R) BILL ANALYSIS
Senate Research Center S.B. 915
78R3364 MTB-DBy: Fraser
Government Organization
3/24/2003
As Filed
DIGEST AND PURPOSE
The State Aircraft Pooling Board (SAPB) provides charter service for Texas
state government officials and employees for less than its full cost of
operation, using an aging fleet of aircraft with high maintenance costs.
SAPB also provides maintenance services for about 37 state aircraft,
including the 11 it operates. SAPB pilots are underused and fly only
about half the hours of comparable charter service pilots. As proposed,
S.B. 915 abolishes SAPB and tranfers certain functions associated with
SAPB to the Texas Building and Procurement Commission.
RULEMAKING AUTHORITY
Rulemking authority is expressly granted to the Texas Building and
Procurement Commission in SECTION 3 (Section 2205.032, Government Code)
and SECTION 6 (Section 2205.038, Government Code).
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Chapter 2205, Government Code, to read
as follows:
Chapter 2205. New heading: STATE-OPERATED AND STATE-CHARTERED AIRCRAFT
SECTION 2. Amends Section 2205.031, Government Code, as follows:
Sec. 2205.031. New heading: DEFINITION. Defines "commission."
SECTION 3. Amends Section 2205.032, Government Code, as follows:
Sec. 2205.032. New heading: RULES. Requires the Texas Building and
Procurement Commission (TBPC), rather than the State Aircraft Pooling
Board (SAPD), to adopt rules to implement this chapter, including rules
related to certain information. Deletes language from text relating to the
custody, control, operation, and maintenance of the State Aircraft Pooling
Board.
SECTION 4. Amends Chapter 2205B, by adding Section 2205.0325, as follows:
Sec. 2205.0325. CONTRACTS. (a) Requires TBPC to negotiate contracts
with private charter aircraft providers to obtain the most cost-effective
rates possible for transportation of state officers and employees
traveling on official business.
(b) Authorizes TBPC to contract with a flight safety consultant in
developing safety guidelines for charter aircraft providers.
(c) Authorizes TBPC to negotiate contracts for the maintenance of state
aircraft.
(d) Authorizes a contract described by Subsection (a) to provide that
certain requirements are met.
SECTION 5. Amends Section 2205.036, Government Code, to require TBPC to
coordinate charter aircraft transportation for certain individuals. Makes
conforming changes.
SECTION 6. Amends Section 2205.038, Government Code, as follows:
(a) Require TBPC to prepare a manual that establishes minimum standards
for charter aircraft providers serving the state.
(b) Makes a conforming change.
(c) Requires TBPC to confer with and solicit the written advice of state
agencies that operate state-owned aircraft and state agencies TBPC
determines are principal users of charter aircraft transportation
coordinated by TBPC.
(d) Authorizes TBPC by rule to require appropriate advance, rather than a
12-hour, notice by an officer elected statewide to obtain the priority in
scheduling.
SECTION 7. Amends Section 2205.039, Government Code, to make conforming
changes.
SECTION 8. Amends Section 2205.041(a), Government Code, to make
conforming changes.
SECTION 9. Amends Section 2205.045(a), Government Code, to authorize TBPC
to negotiate contracts to protect the state from loss caused by certain
factors. Makes conforming changes.
SECTION 10. Amends Section 2205.047, Government Code, to make conforming
changes.
SECTION 11. Repealer:(1) Chapter 2205A, Government Code (Aircraft
Pooling);
(2) Section 2205.034, Government Code (Facilities);
(3) Section 2205.035, Government Code (Aircraft Leases);
(4) Section2205.040, Government Code (Rates and Billing Procedures);
(5) Section 2205.042, Government Code (Pilots);
(6) Section 2205.044, Government Code (Fuel and Maintenance contracts);
and
(7) Section 2205.046, Government Code (Aircraft for Flight Training
Programs.
SECTION 12. (a) Requires SAPB, notwithstanding the amendment and repeal
of certain provisions of Chapter 2205, Government Code, by this Act, to
continue to perform its functions and activities under Chapter 2205,
Government Code, as it existed immediately before the effective date of
this Act until TBPC is able to function as provided by Chapter 2205,
Government Code, as amended by this Act.
(b) Provides that Chapter 2205, Government Code, as it existed
immediately before the effective date of this Act, is continued in effect
for that purpose.
SECTION 13. (a) Requires TBPC , SAPB, and the Texas Public Finance
Authority to establish a transition team to oversee the orderly transition
of property and services from the State Aircraft Pooling Board to TBPC.
Requires the team to perform certain tasks.
(b) Provides that the transition team and SAPB are abolished on
September 1, 2004.
SECTION 14. (a) Requires TBPC, by September 1, 2005, to sell for fair
market value all state aircraft and aircraft-related equipment formerly
under the custody of the SAPB. Requires the proceeds from the sale of
the aircraft and equipment, if bonds were issued in connection with
acquiring or maintaining the aircraft or equipment or in connection with
other board purposes, to be used to pay off the bonds to the extent the
proceeds of the bonds were expended for those purposes.
(b) Requires TBPC, in consultation with the Texas Public Finance
Authority, by September 1, 2005, to sell the State Aircraft Pooling Board
facility located at the Austin-Bergstrom International Airport for not
less than the amount contained in the current market value assessment of
the property that shall be made by the General Land Office. Requires the
proceeds from the sale of the facility, if bonds were issued, the proceeds
of which were expended for the purchase, maintenance, or construction of
the Austin-Bergstrom facility, to be used to pay off the bonds to the
extent the proceeds of the bonds were expended for the purchase of the
facility.
(c) Requires TBPC, by September 1, 2005, to sell the State Aircraft
Pooling Board facility located at the site of the former Robert Mueller
Municipal Airport for not less than the amount contained in the current
market value assessment of the property that shall be made by the General
Land Office. Requires the proceeds from the sale of the facility, if
bonds were issued in connection with acquiring or maintaining the facility
located at the site of the former Robert Mueller Municipal Airport, to be
used to pay off the bonds to the extent the proceeds of the bonds were
expended for acquiring or maintaining the facility.
SECTION 15. Effective date: September 1, 2003.