BILL ANALYSIS

H.B. 1186

By: Craddick

Urban Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Observers note that the Texas Legislature, recognizing the importance of economic diversification, has promoted the development of a commercial space launch industry in Texas  and encouraged local governments to plan for and develop their own economic development diversification programs. Reports indicate that the City of Midland recently received federal approval for the operation of a commercial space launch site at Midland International Air & Space Port and that the city has adopted certain zoning ordinances regarding access to the airport and flexible use of the property. H.B. 1186 seeks to validate certain municipal actions relating to the adoption of airport zoning regulations.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1186 establishes that the legislature finds that a municipality's adoption of airport zoning regulations is a governmental function, serves a public purpose and benefit, is reasonably taken to fulfill an obligation mandated by federal or state law, and is taken out of a reasonable good-faith belief that the action is necessary to prevent a grave and immediate threat to life or property. 

H.B. 1186 applies only to an action taken with respect to a municipally owned and operated international airport that has obtained the appropriate Federal Aviation Administration license or other authorization necessary to operate a spaceport, launch site, or commercial space launch site. The bill validates, ratifies, and confirms in all respects as of the dates on which they occurred certain governmental and proprietary actions and proceedings of a municipality, the municipality's planning and zoning commission, the municipality's airport zoning commission, and the municipality's board of adjustment designated or appointed under the Airport Zoning Act taken before the bill's effective date relating to the adoption or enforcement of airport zoning regulations under the act in the municipality or the municipality's extraterritorial jurisdiction. The bill considers all required notices to have been given and validates, ratifies, and confirms the notices in all respects. 

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.