79R13727 MTB-F
By: Swinford H.B. No. 3285
Substitute the following for H.B. No. 3285:
By: Swinford C.S.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 The following laws are repealed: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.