BILL ANALYSIS

C.S.H.B. 4950

By: Canales

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that federal laws, including those enforced by the Federal Aviation Administration, establish requirements to ensure that certain aeronautics structures do not interfere with aviation safety but that there is currently a lack of state and local enforcement capability with respect to those laws, which can create gaps in compliance that can result in safety risks for aircraft and passengers. C.S.H.B. 4950 seeks to allow the Texas Department of Transportation to ensure the safety of Texas pilots and passengers by requiring certain federally regulated aeronautics structures to comply with all applicable federal laws and 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

C.S.H.B. 4950 amends the Transportation Code to require an aeronautics structure, the construction or alteration of which requires a person to notify the Federal Aviation Administration under applicable federal regulations, to comply with all applicable federal laws and regulations. The bill prohibits a person from filing a petition against the Texas Department of Transportation (TxDOT) under statutory provisions relating to suits against TxDOT based solely on the individual being adversely affected by a TxDOT action taken to enforce the bill's provisions.

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. 4950 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 required an aeronautics structure that is taller than 200 feet to comply with all applicable federal laws and regulations, the substitute requires an aeronautics structure, the construction or alteration of which requires a person to notify the Federal Aviation Administration under applicable federal regulations, to do so.

The substitute includes a provision absent from the introduced that prohibits a person from filing a petition against TxDOT under applicable statutory provisions based solely on the individual being adversely affected by a TxDOT action taken to enforce the bill's provisions.