BILL ANALYSIS

C.S.H.B. 3722

By: Hefner

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Aerobatic boxes are delineated spaces that are registered with the Federal Aviation Administration (FAA) for use in flight shows and flight show practice runs. The bill author has informed the committee that, while many are registered on a one-off basis, some are long-term boxes that have a standing designation with the FAA, and that these boxes can be activated on short notice, tend to be used more frequently, and are often used by vintage or historical aircraft and for dangerous flight maneuvers, which makes a safety buffer important. The bill author has also informed the committee that while the FAA has rules about drones and about height restrictions around airports, these rules do not apply around aerobatic boxes. The bill author has further informed the committee that while drone restrictions vary based on a number of factors, height restrictions often apply within a five-mile radius from an airport. C.S.H.B. 3722 seeks to provide consistent safety to pilots using aerobatic boxes for historical military demonstrations and military recruitment by limiting the height of structures within five miles of a long-term aerobatic box registered with the FAA and designated for use by a U.S. Department of Defense contractor.

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

C.S.H.B. 3722 amends the Transportation Code to prohibit a person from constructing a structure that is taller than 500 feet within five miles of the boundaries of an aerobatic training area, defined as a Federal Aviation Administration-designated (FAA) long-term aerobatic training area in which airplanes are authorized to practice aerobatic flight maneuvers, that meets the following conditions:

· was designated by the FAA on or before January 1, 2025; and

· is used for aerobatic training by a person who contracts with the U.S. Department of Defense (DOD) for aviation services.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3722 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced defined "aerobatic training area" as a long-term aerobatic practice area designated by the FAA on or before January 1, 2025, the substitute defines that term as an FAA-designated long-term aerobatic training area in which airplanes are authorized to practice aerobatic flight maneuvers.

Whereas the introduced prohibited a person from constructing a structure taller than 500 feet within five miles of an aerobatic training area that is used for training by a person who contracts with the DOD for aviation services, the substitute prohibits a person from constructing such a structure within five miles of the boundaries of an aerobatic training area that:

· was designated by the FAA on or before January 1, 2025; and

· is used for aerobatic training by a person who contracts with the DOD for aviation services.