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79R13727 MTB-F


By:  Swinford                                                     H.B. No. 3285



A BILL TO BE ENTITLED

AN ACT

relating to the abolition of the State Aircraft Pooling Board and 
the principal part of its functions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 85, Education Code, is 
amended by adding Section 85.285 to read as follows:
	Sec. 85.285.  AIRCRAFT.  (a)  The board is primarily 
responsible for scheduling university system aircraft.
	(b)  The university system shall base university system 
aircraft in Brazos County.
	(c)  A pilot of university system aircraft must be an 
employee of the university system.
	(d)  In this section, "university system aircraft" means 
aircraft owned on August 31, 1991, or acquired after that date by 
the university system or one of its components.
	SECTION 2.  Subchapter A, Chapter 411, Government Code, is 
amended by adding Section 411.0097 to read as follows:
	Sec. 411.0097.  CERTAIN INTERAGENCY CONTRACTS RELATED TO 
AIRCRAFT.  The department may enter into an interagency contract 
with a state agency, including an institution of higher education 
or university system, to:
		(1)  provide aircraft fuel for the agency on a cost 
recovery basis; or
		(2)  provide aircraft maintenance services to the 
agency on a cost recovery basis.
	SECTION 3.  The following laws are repealed:                                   
		(1)  Chapter 2205, Government Code;                                           
		(2)  Section 2175.134(c), Government Code;                                    
		(3)  Section 2175.191(c), Government Code; and                                
		(4)  Article 59.11, Code of Criminal Procedure.                               
	SECTION 4.  On the effective date of this Act:                                 
		(1)  the State Aircraft Pooling Board is abolished;                           
		(2)  all board employee positions are eliminated; and                         
		(3)  any memorandum of understanding or interagency 
contract entered into between the Texas Department of 
Transportation and the State Aircraft Pooling Board for the 
operation of state aircraft expires.
	SECTION 5.  (a)  Except as provided by Subsection (b) of this 
section, the Texas Building and Procurement Commission shall sell 
for fair market value all state aircraft and aircraft-related 
equipment formerly under the custody of the State Aircraft Pooling 
Board in accordance with Chapter 2175, Government Code.  If bonds 
were issued in connection with acquiring or maintaining the 
aircraft or equipment or in connection with other board purposes, 
the proceeds from the sale of the aircraft and equipment shall be 
used to pay off the bonds to the extent the proceeds of the bonds 
were expended for those purposes.
	(b)  All fuel and fuel storage equipment formerly under the 
custody of the State Aircraft Pooling Board shall be transferred to 
the Department of Public Safety of the State of Texas.
	(c)  The Department of Public Safety of the State of Texas 
may employ aircraft mechanics formerly employed by the State 
Aircraft Pooling Board for the purpose of maintaining the 
department's aircraft fleet.
	(d)  The Texas Building and Procurement Commission shall 
allocate space to the Department of Public Safety of the State of 
Texas and the Parks and Wildlife Department at the State Aircraft 
Pooling Board facility located at the Austin-Bergstrom 
International Airport.  The commission may sell or lease any 
portion of the facility that is not necessary for state purposes.  
The commission shall sell for not less than the current fair market 
value any portion of the facility sold.  If bonds were issued, the 
proceeds of which were expended for the purchase, maintenance, or 
construction of the Austin-Bergstrom facilities, the proceeds from 
any sale or lease of the facilities shall be used to make payments 
on the state bond obligations as the Texas Public Finance Authority 
determines to be appropriate.
	SECTION 6.  This Act does not affect the authority of The 
University of Texas System to own or operate aircraft.
	SECTION 7.  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.