| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of municipalities or counties to adopt |
|
|
regulations or take other actions relating to airport hazard areas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 241.002, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 241.002. LEGISLATIVE FINDINGS. The legislature finds |
|
|
that: |
|
|
(1) an airport hazard endangers the lives and property |
|
|
of users of the airport and of occupants of land in the vicinity of |
|
|
the airport; |
|
|
(2) an airport hazard that is an obstruction reduces |
|
|
the size of the area available for the landing, taking off, and |
|
|
maneuvering of aircraft, tending to destroy or impair the utility |
|
|
of the airport and the public investment in the airport; |
|
|
(3) an airport hazard that is an interference |
|
|
negatively impacts the visual, radar, radio, navigation, or other |
|
|
systems for tracking, acquiring data relating to, monitoring, or |
|
|
controlling aircraft, tending to destroy or impair the utility of |
|
|
the airport and the public investment in the airport; |
|
|
(4) [(3)] the creation of an airport hazard is a |
|
|
public nuisance and an injury to the community served by the airport |
|
|
affected by the hazard; |
|
|
(5) [(4)] it is necessary in the interest of the |
|
|
public health, public safety, including flight safety, and general |
|
|
welfare to prevent the creation of an airport hazard; |
|
|
(6) [(5)] the creation of an airport hazard should be |
|
|
prevented, to the extent legally possible, by the exercise of the |
|
|
police power without compensation; and |
|
|
(7) [(6)] the prevention of the creation of an airport |
|
|
hazard and the elimination, the removal, the alteration, the |
|
|
mitigation, or the marking and lighting of an airport hazard are |
|
|
public purposes for which a political subdivision may raise and |
|
|
spend public funds and acquire land, an air right or aviation |
|
|
easement, or other interests in property [land]. |
|
|
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. |
|
|
SECTION 3. The heading to Section 241.013, Local Government |
|
|
Code, is amended to read as follows: |
|
|
Sec. 241.013. EXTRATERRITORIAL ZONING IN CERTAIN POLITICAL |
|
|
SUBDIVISIONS [WITH POPULATION OF MORE THAN 45,000]. |
|
|
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. |
|
|
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. |
|
|
SECTION 6. 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. |