By:  Krusee                                                       H.B. No. 2656



A BILL TO BE ENTITLED

AN ACT

relating to the state aviation facilities.                                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.069, Transportation Code, is amended 
to read as follows:
	Sec. 21.069.  STATE AIRPORT IN CENTRAL TEXAS.  (a)  The 
department[, in consultation with the State Aircraft Pooling 
Board,] shall establish a state airport in Central Texas that is 
open to the general public.
	(b)  In determining an appropriate location for the airport, 
the department shall consider:
		(1)  the convenience, comfort, and accommodation of air 
traffic flying into and departing from the Central Texas region, 
including persons traveling for business and commercial reasons, 
government officials, and tourists;  and
		(2)  the safe operation of aircraft flying into and 
departing from the Central Texas region.
	(c)  In determining an appropriate location for the airport, 
the department may not consider:
		(1)  any property in a municipality without the 
approval of the governing body of the municipality;
		(2)  any property outside of a municipality without the 
approval of the commissioners court of the county in which the 
property is located;  or
		(3)  the property in Austin, Texas, identified as 
Robert Mueller Airport.   
	(d)  The commission may acquire by the exercise of eminent 
domain property that the commission considers necessary to enable 
the department to meet its responsibilities under this section.
	(e)  The department may utilize only federal matching funds, 
federal grants, in-kind contributions, private sector funds, 
nonprofit grants, department funds appropriated for aviation 
services, and local government funding for the establishment of 
this facility.
	(f)  The department shall have all the powers necessary or 
appropriate to implement this section, including all the powers 
granted to a local government under Chapters 22, 23, and 25.
	(g)  Upon completion of the construction of the airport, the 
department shall contract with a private entity or a county or 
municipality for the long-term management, operation, and 
maintenance of the facility.  Such contract shall comply with all 
applicable Federal Aviation Agency regulations relating to the 
management, operation, and maintenance of an airport.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.