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AN ACT
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relating to the validation of certain actions relating to municipal |
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airport zoning regulations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. In this Act, "airport zoning regulation" has the |
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meaning assigned by Section 241.003, Local Government Code. |
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SECTION 2. The legislature finds that a municipality's |
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adoption of airport zoning regulations: |
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(1) is a governmental function; |
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(2) serves a public purpose and benefit; |
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(3) is reasonably taken to fulfill an obligation |
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mandated by federal or state law; and |
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(4) is taken out of a reasonable good-faith belief |
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that the action is necessary to prevent a grave and immediate threat |
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to life or property. |
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SECTION 3. This Act applies only to an action taken with |
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respect to a municipally owned and operated international airport |
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that has obtained the appropriate Federal Aviation Administration |
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license or other authorization necessary to operate a spaceport, |
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launch site, or commercial space launch site. |
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SECTION 4. (a) All governmental and proprietary actions |
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and proceedings of a municipality, the municipality's planning and |
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zoning commission, the municipality's airport zoning commission, |
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and the municipality's board of adjustment designated or appointed |
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under Chapter 241, Local Government Code, taken before the |
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effective date of this Act relating to the adoption or enforcement |
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of airport zoning regulations under Chapter 241, Local Government |
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Code, in the municipality or the municipality's extraterritorial |
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jurisdiction, are validated, ratified, and confirmed in all |
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respects as of the dates on which they occurred. All required |
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notices are considered to have been given and are validated, |
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ratified, and confirmed in all respects. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 5. 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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1186 was passed by the House on April |
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9, 2015, by the following vote: Yeas 141, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1186 was passed by the Senate on May |
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22, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |