ANALYSIS
C.S.H.B. 605 amends the Local
Government Code, in a provision granting extraterritorial airport zoning
authority to a certain political subdivision in which an airport used in the
public interest to the benefit of the political subdivision is located, to extend
that extraterritorial airport zoning authority to a municipality located in a
county that has a population of more than 32,000 and less than 32,300 and that
includes wholly or partly within its boundaries or extraterritorial
jurisdiction an airport with a radar system owned and operated by the federal
government or a defense agency of the federal government or the state. The
bill authorizes such a municipality to adopt, administer, or enforce an
airport hazard area zoning regulation only in such a county, and clarifies
that, for purposes of such airport zoning authority, an airport located in such
a municipality's extraterritorial jurisdiction is located in the municipality.
The bill makes the provisions granting the extraterritorial airport zoning authority
no longer applicable if each airport with a radar system owned and operated
by the federal government or a defense agency of the federal government or
the state that is located wholly or partly within the boundaries or
extraterritorial jurisdiction of such a municipality converts to a satellite
system.
C.S.H.B. 605 grants such a
municipality authority to acquire an air right, aviation easement, or other
estate or interest in property or in a nonconforming structure or use under certain
prescribed circumstances if the property or nonconforming structure or use is
located outside the municipality and in an airport hazard area subject to
extraterritorial zoning regulation by the municipality.
C.S.H.B. 605 redefines
"airport hazard" for purposes of the Airport Zoning Act as a
structure or object of natural growth that is more than 100 feet in height or
any electronic emission or visual effect that obstructs or limits, or has the
potential to obstruct or limit, the operation of aircraft to, from, or in the
vicinity of the airport. The bill redefines "airport hazard area"
to encompass such hazardous areas located inside or outside airport
boundaries.
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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 241.002,
Local Government Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Sections
241.003(2) and (3), Local Government Code, are amended to read as follows:
(2) "Airport
hazard" means a structure or object of natural growth or any
electronic emission or visual effect that obstructs or limits, or
has the potential to obstruct or limit, the operation of aircraft to, from,
or in the vicinity of the airport, including anything that:
(A) obstructs the air
space required for the taking off, landing, or maneuvering [and
flight] of aircraft; or
(B) [that]
interferes with visual, radar, radio, navigation, or other systems
for tracking, acquiring data relating to, monitoring, or controlling
aircraft.
(3) "Airport hazard
area" means an area of land or water located inside or outside
airport boundaries on which an airport hazard could exist.
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SECTION 2. Sections
241.003(2) and (3), Local Government Code, are amended to read as follows:
(2) "Airport
hazard" means a structure or object of natural growth that is more than 100 feet in height or any
electronic emission or visual effect that obstructs or limits, or
has the potential to obstruct or limit, the operation of aircraft to, from,
or in the vicinity of the airport, including anything that:
(A) obstructs the air
space required for the taking off, landing, or maneuvering [and
flight] of aircraft; or
(B) [that]
interferes with visual, radar, radio, navigation, or other systems
for tracking, acquiring data relating to, monitoring, or controlling
aircraft.
(3) "Airport hazard
area" means an area of land or water located inside or outside
airport boundaries on which an airport hazard could exist.
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SECTION 3. Section
241.011(b), Local Government Code, is amended to read as follows:
(b) To prevent the
creation of an airport hazard obstruction or interference, the [The]
airport hazard area zoning regulations may divide an airport hazard area into
zones and for each zone:
(1) specify the land uses
permitted;
(2) regulate the type of
structures; and
(3) restrict the height of
structures and objects of natural growth [to prevent the creation of an
obstruction to flight operations or air navigation].
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No
equivalent provision.
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SECTION 4. The heading to
Section 241.013, Local Government Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 5. Section 241.013,
Local Government Code, is amended by amending Subsection (a) and adding
Subsections (a-1), (a-2), and (a-3) to read as follows:
(a) A political subdivision described
by Subsection (a-2) [with a population of more than 45,000] in
which an airport used in the interest of the public to the benefit of the
political subdivision is located may adopt, administer, and enforce:
(1) airport hazard area
zoning regulations applicable to an airport hazard area relating to the
airport and located outside the political subdivision; and
(2) airport compatible land
use zoning regulations applicable to a controlled compatible land use area
relating to the airport and located outside the political subdivision.
(a-1) For purposes of
Subsection (a), an airport that is located in the extraterritorial
jurisdiction of a political subdivision
described by Subsection (a-2)(2) is located in the political subdivision.
(a-2) This section
applies only to a political subdivision that:
(1) has a population of
more than 45,000; or
(2) has a population of more than 26,000 and
includes wholly or partly within its boundaries or, as applicable, within its extraterritorial jurisdiction an
airport with a radar system owned and operated by the federal government or
a defense agency of the federal government or the state.
(a-3) A political subdivision described by
Subsection (a-2)(2) may not adopt,
administer, or enforce an airport hazard area zoning regulation under this
section in an area that is located more than
25 nautical miles from a federally owned and operated radar system.
No
equivalent provision.
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SECTION 4. Section 241.013,
Local Government Code, is amended by amending Subsection (a) and adding
Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows:
(a) A political subdivision described
by Subsection (a-2) [with a population of more than 45,000] in
which an airport used in the interest of the public to the benefit of the
political subdivision is located may adopt, administer, and enforce:
(1) airport hazard area
zoning regulations applicable to an airport hazard area relating to the
airport and located outside the political subdivision; and
(2) airport compatible land
use zoning regulations applicable to a controlled compatible land use area
relating to the airport and located outside the political subdivision.
(a-1) For purposes of
Subsection (a), an airport that is located in the extraterritorial
jurisdiction of a municipality
described by Subsection (a-2)(2) is located in the municipality.
(a-2) This section
applies only to:
(1) a political
subdivision that has a population of more than 45,000; or
(2) a municipality located in a county that has a
population of more than 32,000 and less than 32,300 and that
includes wholly or partly within its boundaries or extraterritorial
jurisdiction an airport with a radar system owned and operated by the
federal government or a defense agency of the federal government or the
state.
(a-3) A municipality described by Subsection
(a-2)(2) may adopt, administer, or
enforce an airport hazard area zoning regulation under this section only in a county described by Subsection (a-2)(2).
(a-4) If each airport
with a radar system owned and operated by the federal government or a
defense agency of the federal government or the state that is located
wholly or partly within the boundaries or extraterritorial jurisdiction of
a municipality described by Subsection (a-2)(2) converts to a satellite
system, this section no longer applies.
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SECTION 6. Section
241.903(a), Local Government Code, is amended to read as follows:
(a) A political subdivision
may acquire from a person or other political subdivision an air right,
aviation easement, or other estate or interest in property or in a
nonconforming structure or use if:
(1) the acquisition is
necessary to accomplish the purposes of this chapter;
(2) the property or
nonconforming structure or use is located within the political subdivision or
located outside the political subdivision
and in an airport hazard area subject to regulation under Section 241.013,
the political subdivision owns the airport, or the political subdivision is
served by the airport; and
(3)(A) the political
subdivision desires to remove, lower, or terminate the nonconforming
structure or use;
(B) airport zoning
regulations are not sufficient to provide necessary approach protection
because of constitutional limitations; or
(C) the acquisition of a
property right is more advisable than an airport zoning regulation in
providing necessary approach protection.
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SECTION 5. Section
241.903(a), Local Government Code, is amended to read as follows:
(a) A political subdivision
may acquire from a person or other political subdivision an air right,
aviation easement, or other estate or interest in property or in a
nonconforming structure or use if:
(1) the acquisition is
necessary to accomplish the purposes of this chapter;
(2) the property or
nonconforming structure or use is located within the political subdivision or
located outside a municipality described by
Section 241.013(a-2)(2) and in an airport hazard area subject to
regulation by the municipality under
Section 241.013, the political subdivision owns the airport, or the
political subdivision is served by the airport; and
(3)(A) the political
subdivision desires to remove, lower, or terminate the nonconforming
structure or use;
(B) airport zoning
regulations are not sufficient to provide necessary approach protection
because of constitutional limitations; or
(C) the acquisition of a
property right is more advisable than an airport zoning regulation in
providing necessary approach protection.
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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, 2013.
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SECTION 6. Same as introduced
version.
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