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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of municipalities and counties to adopt |
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regulations and take other actions relating to airport hazard |
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areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 241.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 241.002. LEGISLATIVE FINDINGS. The legislature finds |
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that: |
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(1) an airport hazard endangers the lives and property |
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of users of the airport and of occupants of land in the vicinity of |
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the airport; |
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(2) an airport hazard that is an obstruction reduces |
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the size of the area available for the landing, taking off, and |
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maneuvering of aircraft, tending to destroy or impair the utility |
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of the airport and the public investment in the airport; |
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(3) an airport hazard that is an interference |
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negatively impacts the visual, radar, radio, navigation, or other |
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systems for tracking, acquiring data relating to, monitoring, or |
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controlling aircraft, tending to destroy or impair the utility of |
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the airport and the public investment in the airport; |
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(4) [(3)] the creation of an airport hazard is a |
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public nuisance and an injury to the community served by the airport |
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affected by the hazard; |
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(5) [(4)] it is necessary in the interest of the |
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public health, public safety, including flight safety, and general |
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welfare to prevent the creation of an airport hazard; |
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(6) [(5)] the creation of an airport hazard should be |
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prevented, to the extent legally possible, by the exercise of the |
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police power without compensation; and |
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(7) [(6)] the prevention of the creation of an airport |
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hazard and the elimination, the removal, the alteration, the |
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mitigation, or the marking and lighting of an airport hazard are |
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public purposes for which a political subdivision may raise and |
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spend public funds and acquire land, an air right or aviation |
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easement, or other interests in property [land]. |
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SECTION 2. Sections 241.003(2) and (3), Local Government |
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Code, are amended to read as follows: |
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(2) "Airport hazard" means a structure or object of |
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natural growth or any electronic emission or visual effect that |
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obstructs or limits, or has the potential to obstruct or limit, the |
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operation of aircraft to, from, or in the vicinity of the airport, |
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including anything that: |
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(A) obstructs the air space required for the |
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taking off, landing, or maneuvering [and flight] of aircraft; or |
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(B) [that] interferes with visual, radar, radio, |
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navigation, or other systems for tracking, acquiring data relating |
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to, monitoring, or controlling aircraft. |
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(3) "Airport hazard area" means an area of land or |
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water located inside or outside airport boundaries on which an |
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airport hazard could exist. |
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SECTION 3. Section 241.011(b), Local Government Code, is |
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amended to read as follows: |
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(b) To prevent the creation of an airport hazard obstruction |
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or interference, the [The] airport hazard area zoning regulations |
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may divide an airport hazard area into zones and for each zone: |
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(1) specify the land uses permitted; |
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(2) regulate the type of structures; and |
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(3) restrict the height of structures and objects of |
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natural growth [to prevent the creation of an obstruction to flight
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operations or air navigation]. |
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SECTION 4. The heading to Section 241.013, Local Government |
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Code, is amended to read as follows: |
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Sec. 241.013. EXTRATERRITORIAL ZONING IN CERTAIN POLITICAL |
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SUBDIVISIONS [WITH POPULATION OF MORE THAN 45,000]. |
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SECTION 5. Section 241.013, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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(a-2), and (a-3) to read as follows: |
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(a) A political subdivision described by Subsection (a-2) |
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[with a population of more than 45,000] in which an airport used in |
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the interest of the public to the benefit of the political |
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subdivision is located may adopt, administer, and enforce: |
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(1) airport hazard area zoning regulations applicable |
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to an airport hazard area relating to the airport and located |
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outside the political subdivision; and |
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(2) airport compatible land use zoning regulations |
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applicable to a controlled compatible land use area relating to the |
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airport and located outside the political subdivision. |
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(a-1) For purposes of Subsection (a), an airport that is |
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located in the extraterritorial jurisdiction of a political |
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subdivision described by Subsection (a-2)(2) is located in the |
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political subdivision. |
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(a-2) This section applies only to a political subdivision |
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that: |
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(1) has a population of more than 45,000; or |
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(2) has a population of more than 26,000 and includes |
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wholly or partly within its boundaries or, as applicable, within |
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its extraterritorial jurisdiction an airport with a radar system |
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owned and operated by the federal government or a defense agency of |
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the federal government or the state. |
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(a-3) A political subdivision described by Subsection |
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(a-2)(2) may not adopt, administer, or enforce an airport hazard |
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area zoning regulation under this section in an area that is located |
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more than 25 nautical miles from a federally owned and operated |
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radar system. |
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SECTION 6. Section 241.903(a), Local Government Code, is |
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amended to read as follows: |
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(a) A political subdivision may acquire from a person or |
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other political subdivision an air right, aviation easement, or |
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other estate or interest in property or in a nonconforming |
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structure or use if: |
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(1) the acquisition is necessary to accomplish the |
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purposes of this chapter; |
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(2) the property or nonconforming structure or use is |
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located within the political subdivision or located outside the |
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political subdivision and in an airport hazard area subject to |
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regulation under Section 241.013, the political subdivision owns |
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the airport, or the political subdivision is served by the airport; |
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and |
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(3)(A) the political subdivision desires to remove, |
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lower, or terminate the nonconforming structure or use; |
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(B) airport zoning regulations are not |
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sufficient to provide necessary approach protection because of |
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constitutional limitations; or |
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(C) the acquisition of a property right is more |
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advisable than an airport zoning regulation in providing necessary |
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approach protection. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |