83R1800 PAM-F

By: Lozano H.B. No. 605

A BILL TO BE ENTITLED

AN ACT

relating to the authority of municipalities and counties to adopt regulations and 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 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. 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].

SECTION 4. 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 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.

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.

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.