SRC-AMY C.S.S.B. 1706 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1706
By: Wentworth
Infrastructure Development and Security
4/30/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, with the exception of Dallas-Fort Worth Airport, Texas does not
have legislation enabling the state, counties, or municipalities, jointly
or independently, to form political subdivisions for the purpose of
forming and managing airports and heliports.  C.S.S.B. 1706 authorizes the
creation of airport authorities by the state, counties, and municipalities
to acquire and operate airports and heliports, and provides for financing
the costs of such facilities.  

RULEMAKING AUTHORITY

This bill does not expressly grant additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 3, Transportation Code, by adding Chapter 27, as
follows: 

CHAPTER 27. AIRPORT AUTHORITIES
SUBCHAPTER A. GENERAL PROVISIONS

Sec. 27.001.  LEGISLATIVE DECLARATION.  (a)  Provides that the economic
wellbeing of the state and the general welfare of its residents require
adequate, safe, secure, and efficient aviation facilities at a reasonable
cost. 

(b)  Provides that the purpose of this chapter is to authorize the
creation by the state, counties, and municipalities, through their
independent or joint action, airport authorities, corporate and politic,
constituting political subdivisions of the state, for certain purposes. 

Sec. 27.002.  DEFINITIONS.  Defines "aircraft," "air navigation facility,"
"airport," "airport building," "airport facility," "airport hazard,"
"authority,"  "board," "bond," "coupon," "director," "heliport," and
"indenture."  

[Reserves Sections 27.003-27.030 for expansion.]

SUBCHAPTER B. INCORPORATION AND ADMINISTRATION OF AUTHORITY

Sec. 27.031.  INCORPORATION.  (a)  Authorizes a public corporation
organized under this chapter (authority) to be organized as a public
corporation under this chapter. 

(b) Requires at least three natural persons to file, with the governing
body of one or more counties or municipalities, an application, in
writing, for permission to incorporate a public corporation under this
chapter, and to attach to the application a proposed form of articles of
incorporation for the corporation. 

(c) Provides that if each governing body with which the application is
filed adopts a resolution approving the form of the articles of
incorporation and authorizing the formation of a public corporation, the
applicants under Subsection (b) become the incorporators of, and are
required to incorporate the authority as a public corporation under this
chapter using the form of the articles approved. 
 
Sec. 27.032.  ADDITIONAL COUNTIES OR MUNICIPALITIES.  Authorizes an
additional county or municipality to become part of an authority if each
additional county or municipality and each county or municipality, in the
authority adopts a resolution consenting to the inclusion of the
additional county or municipality in the authority. 

Sec. 27.033.  INCLUSION IN AUTHORITY.  Requires, on the inclusion of a
county or municipality in an authority, either initially or as an
additional member, all rights, contracts, obligations, and property, both
real and personal, of a municipality or county used for or in relation to
transportation by air to vest in the authority created under this
subchapter, unless otherwise specified by the resolution including the
municipality or county in the authority. 

Sec. 27.034.  STATE JOINING AN AIRPORT AUTHORITY.  Authorizes the
governor, on behalf of the state, to authorize the state to join in the
creation of an authority under this subchapter, or to join an existing
authority created under this subchapter. 

Sec. 27.035.  WITHDRAWAL FROM AUTHORITY.  (a) Authorizes a county or
municipality in an authority to withdraw from the authority by resolution
of the commissioners court of the county or governing body of the
municipality after the organization of an airport authority by more than
one governmental entity. 

(b) Prohibits a withdrawing county or municipality from claiming or
removing an asset of the authority. 

Sec. 27.036.  CONTENTS OF CERTIFICATE OF INCORPORATION.  Requires the
certificate of incorporation of an authority to state certain information. 

Sec. 27.037.  INCORPORATION; EXECUTION AND FILING OF ARTICLES.  (a)
Requires the articles of incorporation of an authority to be signed and
acknowledged by the incorporators and have attached a certified copy of
each of the resolutions provided for in Section 27.031. 

(b) Requires the articles of incorporation of an authority, and the
documents required to be attached under Subsection (a), to be filed with
the secretary of state. 

(c) Requires the authority referred to in the certificate of incorporation
to come into existence, constitute a public corporation under the name
listed in the certificate, and have all the rights and powers given to
authorities under this chapter, when a certificate of incorporation is
issued by the secretary of state after the filing of the articles and
attached documents. 

Sec. 27.038.  BOARD OF DIRECTORS.  (a) Provides that the governing body of
an authority is a board with at least five, but no more than nine, members
appointed in certain manners under certain circumstances. 

(b) Requires each member elected by a governing body of an authorizing
governmental entity to be a resident of the authorizing governmental
entity. Authorizes the additional member elected under Subsection
(a)(3)(C) to be a resident of any county electing the member. 

(c) Authorizes each authorizing governmental entity to elect the same
number of members as any other authorizing governmental entity, other than
the additional member elected under Subsection (a)(3)(C). 

(d) Provides that a board member is eligible for re-election.

(e) Provides that the state is entitled, if the state joins in the
creation of an airport authority under this subchapter, or joins an
existing airport authority created under this subchapter, to the number of
board members agreed on by the authorizing  governmental entities and the
state, but is entitled to at least one board member. Requires a board
member representing the state to be appointed by the governor. 

(f) Authorizes the board to employ and set the compensation of necessary
personnel. 

Sec. 27.039.  VACANCY; IMPEACHMENT.  (a) Requires, except as provided by
Subsection (b), if a board member resigns, dies, or becomes incapable or
ineligible to act as a board member, a successor to serve the unexpired
portion of the board member's term to be elected in the same manner
provided by Section 27.038, as the board member whose unexpired term the
successor is filling. 
 
(b) Requires the governor, if a vacancy in the office of the additional
member elected under Section 27.038(a)(3)(C) continues for more than 30
days, to appoint a successor, on the request of any governmental entity
that elected the member. 

 (c) Authorizes a board member to be impeached and removed from office.

Sec. 27.040.  ELIGIBILITY.  Provides that an officer of the state, a
county, or a municipality is not eligible to serve as a board member. 

Sec. 27.041.  TERMS.  (a) Requires the term of office of a board member to
be set out in the articles of incorporation of an authority. 

(b) Provides that board members serve staggered terms so that the term of
at least one member expires each year. 

Sec. 27.042.  QUORUM.  (a) Provides that except as provided by Subsection
(b), a majority of the board members constitutes a quorum for the
transaction of business. 

(b) Authorizes a meeting of a board to be adjourned by a majority of the
board members present, or to be adjourned by a single board member if the
member is the only board member present at the meeting. 

(c) Requires that a vacancy in the board not impair the right of a quorum
to exercise all the powers and duties of an authority. 

Sec. 27.043.  MEETINGS.  (a) Requires a board to hold regular monthly
meetings, and any other meeting as provided for in the bylaws of the
authority. 

(b) Authorizes a board to hold a special meeting at the call of the chair
of the authority, or two board members. 

(c) Authorizes any matter on which the board is authorized to act, to be
acted upon at a regular or special meeting. 

(d) Requires, at the request of a board member, the vote on a question
before a board to be taken by yeas and nays and entered upon the record.
Requires all proceedings of a board to be reduced to writing by the
secretary of the authority and open to board members and to the public at
all times.  Provides that copies of the proceedings, when certified by the
secretary of an authority under its seal, are admissible in a court as
evidence of the matters certified in the proceedings. 

Sec. 27.044.  COMPENSATION.  Provides that a board member is not entitled
to receive compensation, but is entitled to reimbursement for actual and
necessary expenses. 

Sec. 27.045.  OFFICERS.  (a) Establishes the officers of the board.

(b) Requires the board to elect from the members of the board a chair,
vice chair,  and secretary for a term of one year. 

(c) Provides that the treasurer and any other officers a board considers
necessary need not be members of the board, and requires those offices to
be elected by the board for terms determined by the board. 

(d) Authorizes the offices of secretary and treasurer to be held by the
same person. 

Sec. 27.046.  TAX EXEMPTION; BONDS, PROPERTY, INCOME. (a) Exempts bonds
issued by an authority, and the income on the bonds, from all state
taxation. 

(b) Exempts all property and income of an authority from all state,
county, municipal, and other local taxation. 

(c) Provides that Subsection (b) does not exempt concessionaires,
licensees, tenants, operators, or lessees of an authority from the payment
of any taxes, including licenses or privilege taxes levied by the state, a
county, or a municipality. 

Sec. 27.047.  TAX EXEMPTION; ACCESS TO AIRPORTS.  Prohibits a county or
municipality from requiring the payment of any tax or privilege license
from a person, firm, or corporation for the reasonable use of public
streets, roads, or highways leading to or from an airport, heliport, or
aircraft landing area owned or operated by or under the jurisdiction of an
authority. 

Sec. 27.048.  ZONING.  (a) Exempts an authority from zoning laws,
ordinances, and regulations. 

(b) Provides that an authority has the same zoning powers, with respect to
the zoning of an airport in an unincorporated area owned or operated by
the authority and the zoning of the unincorporated area lying within two
miles of the boundaries of the airport, as a municipality that owns or
operates an airport. 

Sec. 27.049.  GENERAL POWERS. Authorizes an authority to perform certain
duties and wield certain powers. 

Sec. 27.050.  LIMITATION ON POWER.  Prohibits an authority from acquiring
by eminent domain real property or rights owned or held by a railroad or
utility. 

Sec. 27.051.  MUNICIPAL VOTE REQUIRED.  Requires a majority of the
governing body of the municipality to vote in favor of the proposed
airport facility before an authority is authorized to own, acquire,
construct, or operate an airport or an airport facility. 

Sec. 27.052.  PEACE OFFICERS.  (a) Authorizes the authority to employ
security officers who have obtained a peace officer license issued by the
Commission on Law Enforcement Officer Standards and Education. 

(b) Provides that a court of a municipality that is an authorizing
governmental entity has jurisdiction over a misdemeanor committed on the
property of an authority. 

(c) Provides that a county that is an authorizing governmental entity has
jurisdiction over a misdemeanor committed on the property of an authority
if there is no authorizing municipality. 

Sec. 27.053.  FUNDING.  (a) Provides that an authority is authorized to
accept, receive, disburse, and expend federal money, state money, and any
other money made available by grant or loan to accomplish a purpose of
this chapter. 
 
(b) Requires federal money accepted under this section to be accepted and
expended by an authority on terms prescribed by the United States that are
not inconsistent with the laws of this state. 

Sec. 27.054.  ASSISTANCE BY STATE OR LOCAL ENTITIES.  Authorizes a county,
municipality, or other political subdivision of the state, including a
public corporation, to engage in certain activities or functions, with or
without consideration. 

Sec. 27.055.  DISSOLUTION.  (a) Authorizes the authority to be dissolved
on the filing of articles of dissolution with the secretary of state that
are required to be sworn to, and subscribed by, each member of the
authority, if an authority does not have outstanding bonds. 

(b) Provides that on issue of a certificate of dissolution by the
secretary of state, an authority ceases to exist.  Provides that on
dissolution, all rights, titles, and interests of the authority in
property vest in the authorizing governmental entities, as provided by the
articles of incorporation, or if not provided for in the articles of
incorporation, vest in the authorizing governmental entities equally. 

Sec. 27.056.  CONTRACT VALIDATION.  Provides that a contract entered into,
or a legal action instituted by a de facto or de jure authority, is
validated. 

[Reserves Sections 27.057-27.100 for expansion.]

SUBCHAPTER C. BONDS

Sec. 27.101.  GENERAL PROVISIONS.  (a) Authorizes an authority to issue
interestbearing revenue bonds for any of its corporate purposes. 

(b) Provides that the principal of, and the interest on, bonds is payable
solely from, and is authorized to be secured by, a pledge of the revenues
derived by an authority from the operation of authority airports,
heliports, facilities, and other property. 

(c) Provides that bonds issued or contracts entered into by an authority
under this chapter do not create debt of the state, a county, or a
municipality, and do not create a charge against the credit or taxing
powers of the state, a county, or municipality. 

Sec. 27.102.  BONDS ISSUED.  (a) Requires board proceedings to determine
how bonds are issued and certain matters relating to how bonds are issued. 

(b) Requires a bond having a stated maturity date more than 10 years after
its date of issue to be made subject to redemption at the option of an
authority not later than the 10th anniversary of its date of issue and on
any interest payment date after that time at a price, after notice, on
terms, in the manner provided in the board proceeding that authorized the
bond issuance. 

(c) Authorizes bonds of an authority to be sold at public or private sale
in the manner and from time to time as may be determined by the board. 

(d)  Authorizes an authority to pay all reasonable expenses, premiums,
fees, and commissions that the board determines are necessary, or
advantageous, in connection with the authorization, sale, and issuance of
bonds. 

(e) Requires bonds to contain a recital that the bonds are issued under
this chapter. 

(f) Provides that a public hearing is not required for the issuance of
bonds by an authority. 
 
(g) Provides that bonds issued under this chapter are negotiable
instruments within the meaning of the negotiable instruments law of this
state, if the bonds otherwise possess all the characteristics of a
negotiable instrument under the law of this state, notwithstanding the
fact that they are payable solely from a specified source. 

Sec. 27.103.  NOTICE; CHALLENGES.  (a) Authorizes an authority, on the
adoption of a resolution providing for the issuance of bonds, to publish,
once a week for two consecutive weeks, in a newspaper that is distributed
in the county in which the principal office of the authority is located,
notice in, substantially, a certain form, at the end of which shall be
printed the name and title of either the chair or secretary of the
authority. Sets forth the form of the notice. 

(b) Requires an action or proceeding in a court to set aside or question
the proceedings for the issuance of bonds referred to in a notice under
Subsection (a), or to contest the validity of the bonds or the validity of
the pledge and any instruments made to secure the bonds, to be commenced
before the 31st day after the date of first publication of the notice. 

(c) Provides that after the 30-day period described under Subsection (b)
expires, a right of action or defense questioning or attacking the
validity of the proceedings, bonds, pledge, or instruments may not be
asserted, the validity of the proceedings, bonds, pledge, or instruments
are not open to question in a court on any ground. 

Sec. 27.104.  EXECUTION AND DELIVERY.  (a) Requires bonds to be signed by
the chair or vice chair and by the secretary or treasurer of an authority.
Authorizes the signature of one of the officers whose signatures will
appear on the bonds to be imprinted or otherwise reproduced. 

(b) Requires the seal of an authority to be affixed onto the bonds or a
facsimile of the seal of an authority to be imprinted or otherwise
reproduced on the bonds. 

(c) Requires coupons to be signed by the chair or vice chair and by the
secretary or treasurer of an authority.  Authorizes the signature of the
secretary or treasurer to be imprinted or otherwise reproduced. 

(d) Provides that delivery of bonds executed as provided under this
section is valid notwithstanding any changes in officers or in the
authority seal after the signing and sealing of the bonds. 

Sec. 27.105.  SECURITY.  (a) Authorizes, at the discretion of an
authority, bonds to be issued under and secured by an indenture between
the authority and a trustee.  Authorizes a trustee to be a private person
or corporation, including a trust company or bank having trust powers. 

(b) Authorizes the authority to engage in certain actions, in an indenture
or resolution providing for the issuance of bonds. 

(c) Requires a pledge of revenues to be valid and binding from the time it
is made. Provides that pledged revenues received after the pledge by an
authority immediately become subject to the lien of the pledge without
physical delivery or further act.  Provides that the lien of the pledge is
valid and binding against a party having a claim of any kind against the
authority, regardless of whether the party has actual notice of the lien,
from the time a statement is filed in the office of the county clerk of
the county in which the principal office of the authority is located, or a
county in which any part of the property, the revenues from which are
pledged, is located. 

(d) Sets forth the required content of a statement under Subsection (c).
 
(e) Authorizes an authority, in an indenture or resolution pledging
revenues from an airport, heliport, building, or facility, to include
certain provisions customarily contained in instruments securing evidence
of indebtedness. 

(f)  Authorizes a holder of the bonds or any of the coupons, or the
trustee under an indenture if authorized in the indenture, if an authority
defaults in payment of the principal of or interest on bonds or in an
agreement included in an indenture securing the bonds, to enforce payment
of the principal or interest by civil action, mandamus, or other
proceeding and to compel performance of a duty of the board and officers
of the authority, and requires that entity to be entitled as a matter of
right and regardless of the sufficiency of the security to the appointment
of a receiver with all the powers of a receiver for the operation and
maintenance of the property of the authority covered by the indenture, and
collection, segregation, and application of revenues from property of the
authority covered by the indenture. 

Sec. 27.106.  PROCEEDS.  (a) Authorizes proceeds derived from the sale of
bonds to be used only to pay the cost of acquiring, constructing,
improving, enlarging, and equipping an airport, facility, or property as
specified in the proceedings in which the bonds are authorized to be
issued. 

(b) Sets forth the eligible costs under Subsection (a).

(c) Requires, if any proceeds derived from the sale of bonds remain
undisbursed after completion of the work described under Subsection (a)
and payment of costs under Subsection (b), the proceeds to be used for
retirement of the principal of the bonds of the same issue. 

Sec. 27.107.  REFUNDING BONDS.  (a) Authorizes an authority, at any time
and from time to time, to issue refunding bonds for certain purposes. 

(b) Authorizes proceeds derived from the sale of refunding bonds to be
used only for the purposes for which the refunding bonds were authorized
to be issued. 

(c) Provides that refunding may be effected by sale of the refunding bonds
and the application of the proceeds, or by exchange of the refunding bonds
for the bonds or interest coupons to be refunded, except that the holders
of the bonds or coupons to be refunded are prohibited from being compelled
without their consent to surrender their bonds or coupons for payment or
exchange before the date on which they may be paid or redeemed by call of
the authority under their respective provisions. 

(d) Provides that this subchapter applies to refunding bonds to the extent
the provisions are consistent with this section. 

(e) Provides that if an authority issues bonds for the purpose of
refunding the principal of and interest on any of its bonds or for any
other purpose for which it is authorized to issue bonds, this section
applies only to the portion of the combined issue authorized for refunding
purposes, and the rest of this subchapter applies to the remaining portion
of the combined issue. 

Sec. 27.108.  LOCAL GOVERNMENT INVESTMENT.  Authorizes a governing body of
a county or municipality to invest idle or surplus money held in its
treasury in bonds of an authority. 

Sec. 27.109.  LEGAL INVESTMENTS.  (a) Provides that bonds issued under
this subchapter are legal investments for executors, administrators,
trustees, and other fiduciaries, unless otherwise directed by the court
having jurisdiction of the fiduciary relation, or by the document that is
the source of the fiduciary's authority. 

 (b) Provides that bonds issued under this subchapter are legal
investments for savings banks and insurance companies organized under the
laws of this state. 

SECTION 2. Effective date:  upon passage or September 1, 2003.