CHAPTER 2205. AIRCRAFT POOLING

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GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE E. GOVERNMENT PROPERTY

CHAPTER 2205. AIRCRAFT POOLING

SUBCHAPTER A. STATE AIRCRAFT POOLING BOARD; GENERAL PROVISIONS

Sec. 2205.001. SHORT TITLE. This chapter may be cited as the

State Aircraft Pooling Act.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.002. DEFINITIONS. In this chapter:

(1) "Board" means the State Aircraft Pooling Board.

(2) "State agency" means an office, department, board,

commission, institution, or other agency to which a legislative

appropriation is made.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.003. ESTABLISHMENT. The State Aircraft Pooling Board

is an agency of the state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.004. COMPOSITION OF BOARD; TERMS. (a) The board is

composed of:

(1) a member appointed by the governor;

(2) a member appointed by the lieutenant governor;

(3) a member appointed by the speaker of the house of

representatives; and

(4) a representative of the comptroller.

(b) The three appointed members of the board hold office for

staggered terms of six years, with the term of one member

expiring on January 31 of each odd-numbered year. The original

appointing authority shall fill any vacancy for the unexpired

portion of the term.

nonvoting member of the board and serves only in an advisory

capacity.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 40, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.71, eff. September 1, 2007.

Sec. 2205.005. APPOINTMENTS. Appointments to the board shall be

made without regard to the race, color, handicap, sex, religion,

age, or national origin of the appointees.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.006. ELIGIBILITY. Each appointed member of the board

must be a representative of the general public. A person is not

eligible for appointment as a public member of the board if the

person or the person's spouse:

(1) is employed by or participates in the management of a

business entity or other organization receiving funds from the

board;

(2) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

receiving funds from the board; or

(3) uses or receives a substantial amount of tangible goods,

services, or funds from the board, other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.007. CONFLICTS OF INTEREST. (a) A person may not

serve as a member of the board or act as the general counsel to

the board if the person is required to register as a lobbyist

under Chapter 305 because of the person's activities for

compensation on behalf of a profession related to the operation

of the board.

(b) An officer, employee, or paid consultant of a Texas trade

association in the field of aircraft sales and leasing may not be

a board member or a board employee who is exempt from the state's

position classification plan or is compensated at or above the

amount prescribed by the General Appropriations Act for step 1,

salary group 17, of the position classification salary schedule.

consultant of a Texas trade association in the field of aircraft

sales and leasing may not be a board member and may not be a

board employee who is exempt from the state's position

classification plan or is compensated at or above the amount

prescribed by the General Appropriations Act for step 1, salary

group 17, of the position classification salary schedule.

(d) For the purposes of this section, a Texas trade association

is a nonprofit, cooperative, and voluntarily joined association

of business or professional competitors in this state designed to

assist its members and its industry or profession in dealing with

mutual business or professional problems and in promoting their

common interest.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.008. INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF

CONDUCT. The board shall provide to its members and employees,

as often as necessary, information regarding their qualifications

for office or employment under this chapter and their

responsibilities under applicable laws relating to standards of

conduct for state officers or employees.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.009. REMOVAL. (a) It is a ground for removal of an

appointed member from the board if the member:

(1) does not have at the time of appointment the qualifications

required by Section 2205.006;

(2) does not maintain during service on the board the

qualifications required by Section 2205.006;

(3) violates a prohibition established by Section 2205.007;

(4) cannot discharge because of illness or disability the

member's duties for a substantial part of the term for which the

member is appointed; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year unless the absence is excused by majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

ground for removal exists, the executive director shall notify

the presiding officer of the board of the ground. The presiding

officer shall then notify the governor that a potential ground

for removal exists.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.010. PRESIDING OFFICER; MEETINGS; QUORUM. (a) The

voting members of the board biennially shall elect a voting

member of the board as presiding officer.

(b) The board shall adopt rules for calling and holding meetings

and conducting business.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.011. PUBLIC ACCESS AND TESTIMONY. (a) The board

shall prepare and maintain a written plan that describes how a

person who does not speak English or who has a physical, mental,

or developmental disability can be provided reasonable access to

the board's programs.

(b) The board shall develop and implement policies that provide

the public with a reasonable opportunity to appear before the

board and to speak on any issue under the jurisdiction of the

board.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.012. STAFF. (a) The board may employ and compensate

staff as provided by legislative appropriation or may use staff

provided by the comptroller or the state auditor's office.

(b) The board shall develop and implement policies that clearly

define the respective responsibilities of the board and the staff

the board uses.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.72, eff. September 1, 2007.

Sec. 2205.013. MERIT PAY. The executive director or the

executive director's designee shall develop a system of annual

performance evaluations. All merit pay for board staff must be

based on the system established under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.014. CAREER LADDER. The executive director or the

executive director's designee shall develop an intraagency career

ladder program. The program shall require intraagency postings of

all non-entry-level positions concurrently with any public

posting.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.015. EQUAL EMPLOYMENT OPPORTUNITY. (a) The executive

director or the executive director's designee shall prepare and

maintain a written policy statement to assure implementation of a

program of equal employment opportunity under which all personnel

transactions are made without regard to race, color, handicap,

sex, religion, age, or national origin. The policy statement must

include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel;

(2) a comprehensive analysis of the board's work force that

meets federal and state guidelines;

(3) procedures by which a determination can be made of

significant underuse in the board's work force of all persons for

whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

significant underuse.

(b) A policy statement prepared under Subsection (a) must cover

an annual period, be updated at least annually, and be filed with

the governor's office.

legislature based on the information received under Subsection

(b). The report may be made separately or as a part of other

biennial reports made to the legislature.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.016. ANNUAL REPORT. (a) The board shall file

annually with the governor and the presiding officer of each

house of the legislature a complete and detailed written report

accounting for all funds received and disbursed by the board

during the preceding fiscal year.

(b) The annual report must be in the form and reported in the

time provided by the General Appropriations Act.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.017. INFORMATION ON COMPLAINTS. (a) The board shall

maintain a file on each written complaint filed with the board.

The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the board;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

board closed the file without taking action other than to

investigate the complaint.

(b) The board shall provide to the person filing the complaint

and to each person who is a subject of the complaint a copy of

the board's policies and procedures relating to complaint

investigation and resolution.

complaint, shall notify the person filing the complaint and each

person who is a subject of the complaint of the status of the

investigation unless the notice would jeopardize an undercover

investigation.

Added by Acts 2001, 77th Leg., ch. 1232, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER B. STATE AIRCRAFT

Sec. 2205.031. APPLICABILITY OF CHAPTER TO STATE AIRCRAFT. (a)

This chapter applies to all aircraft owned or leased by the

state, except as provided by Section 2205.033.

(b) Each state agency shall use state-owned aircraft to the

extent feasible.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 11, eff.

Sept. 1, 1999.

Sec. 2205.032. CUSTODY, CONTROL, OPERATION, AND MAINTENANCE.

(a) The board shall operate a pool for the custody, control,

operation, and maintenance of all aircraft owned or leased by the

state.

(b) The board may purchase aircraft with funds appropriated for

that purpose.

submits under Chapter 2056, the board shall develop a long-range

plan for its pool of aircraft. The board shall include

appropriate portions of the long-range plan in its legislative

appropriations request. The long-range plan must include

estimates of future aircraft replacement needs and other fleet

management needs, including any projected need to increase or

decrease the number of aircraft in the pool. In developing the

long-range plan, the board shall consider at a minimum for each

aircraft in the pool:

(1) how much the aircraft is used and the purposes for which it

is used;

(2) the cost of operating the aircraft and the revenue generated

by the aircraft; and

(3) the demand for the aircraft or for that type of aircraft.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1232, Sec. 2, eff.

Sept. 1, 2001.

Sec. 2205.033. TEXAS A&M UNIVERSITY SYSTEM AIRCRAFT. (a)

The board of regents of The Texas A&M University System is

primarily responsible for scheduling Texas A&M University

System aircraft.

(b) The Texas A&M University System shall base Texas A&M

University System aircraft in Brazos County.

an employee of The Texas A&M University System.

(d) In this section, "Texas A&M University System aircraft"

means aircraft owned on August 31, 1991, or acquired after that

date by The Texas A&M University System or one of its

components.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.034. FACILITIES. (a) The board may acquire

appropriate facilities for the accommodation of all aircraft

owned or leased by the state. The facilities may be purchased or

leased as determined by the board to be most economical for the

state and as provided by legislative appropriations. The

facilities may include adequate hangar space, an indoor passenger

waiting area, a flight-planning area, communications facilities,

and other related and necessary facilities.

(b) A state agency that operates an aircraft may not use a

facility in Austin other than a facility operated by the board

for the storage, parking, fueling, or maintenance of the

aircraft, whether or not the aircraft is based in Austin. In a

situation the board determines to be an emergency, the board may

authorize a state agency to use a facility in Austin other than a

board facility for the storage, parking, fueling, or maintenance

of an aircraft.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.035. AIRCRAFT LEASES. (a) The board by interagency

contract may lease state-owned aircraft to a state agency.

(b) A state agency that is the prior owner or lessee of an

aircraft has the first option to lease that aircraft from the

board.

board or the state agency.

(d) A state agency may not expend appropriated funds for the

lease of an aircraft unless the board executes the lease or

approves the lease by board order.

(e) A state agency may not use money appropriated by the

legislature to rent or lease aircraft except from the board or as

provided by Subsection (f). For purposes of this subsection and

Subsection (f), payments of mileage reimbursements provided for

by the General Appropriations Act are not rentals or leases of

aircraft.

(f) If the board determines that no state-owned aircraft is

available to meet a transportation need that has arisen or that a

rental or lease of aircraft would reduce the state's

transportation costs, the board shall authorize a state agency to

expend funds for the rental or lease of aircraft, which may

include a helicopter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 12, eff.

Sept. 1, 1999.

Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The board shall

provide aircraft transportation, to the extent that its aircraft

are available, to:

(1) state officers and employees who are traveling on official

business according to the coordinated passenger scheduling system

and the priority scheduling system developed as part of the

aircraft operations manual under Section 2205.038;

(2) persons in the care or custody of state officers or

employees described by Subdivision (1); and

(3) persons whose transportation furthers official state

business.

(b) The board may not provide aircraft transportation to a

passenger if the passenger is to be transported to or from a

place where the passenger:

(1) will make or has made a speech not related to official state

business;

(2) will attend or has attended an event sponsored by a

political party;

(3) will perform a service or has performed a service for which

the passenger is to receive an honorarium, unless the passenger

reimburses the board for the cost of transportation;

(4) will attend or has attended an event at which money is

raised for private or political purposes; or

(5) will attend or has attended an event at which an audience

was charged an admission fee to see or hear the passenger.

destination unless:

(1) the destination is not served by a commercial carrier;

(2) the time required to use a commercial carrier interferes

with passenger obligations; or

(3) the number of passengers traveling makes the use of state

aircraft cost-effective.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 13, eff.

Sept. 1, 1999.

Sec. 2205.037. USE FOR POLITICAL PURPOSES; CIVIL LIABILITY. (a)

A person may not use a state-owned aircraft solely for political

purposes or spend state funds for the use of an aircraft solely

for political purposes.

(b) A person who violates this section is civilly liable to the

state for the costs incurred by the state because of the

violation.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The board

shall:

(1) prepare a manual that establishes minimum standards for the

operation of aircraft by state agencies; and

(2) adopt procedures for the distribution of the manual to state

agencies.

(b) The manual must include provisions for:

(1) pilot certification standards, including medical

requirements for pilots;

(2) recurring training programs for pilots;

(3) general operating and flight rules;

(4) coordinated passenger scheduling; and

(5) other issues the board determines are necessary to ensure

the efficient and safe operation of aircraft by a state agency.

of state agencies the board determines are principal users of

aircraft operated by the board and, to the extent practicable,

incorporate that advice in the development of the manual and

subsequent changes to the manual.

(d) The board shall give an officer normally elected by

statewide election priority in the scheduling of aircraft. The

board by rule may require a 12-hour notice by the officer to

obtain the priority in scheduling.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 14, eff.

Sept. 1, 1999.

Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget Board,

in cooperation with the board, shall prescribe:

(1) a travel log form for gathering information about the use of

state-operated aircraft;

(2) procedures to ensure that individuals who travel as

passengers on or operate state-operated aircraft provide in a

legible manner the information requested of them by the form; and

(3) procedures for each state agency that operates an aircraft

for sending the form to the board and the Legislative Budget

Board.

(b) The travel log form must request the following information

about a state-operated aircraft each time the aircraft is flown:

(1) a mission statement, which may appear as a selection to be

identified from general categories appearing on the form;

(2) the name, state agency represented, destination, and

signature of each person who is a passenger or crew member of the

aircraft;

(3) the date of each flight;

(4) a detailed and specific description of the official business

purpose of each flight; and

(5) other information determined by the Legislative Budget Board

and the board to be necessary to monitor the proper use of the

aircraft.

to the board each month in which the agency operates an aircraft.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 281, Sec. 11, eff.

Sept. 1, 1999.

Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The board

shall adopt rates for interagency aircraft services that are

sufficient to recover, in the aggregate and to the extent

possible, all direct costs for the services provided, including a

state agency's pro rata share of major maintenance, overhauls of

equipment and facilities, and pilots' salaries.

(b) The Legislative Budget Board, in cooperation with the board

and the state auditor, shall prescribe a billing procedure for

passenger travel on state-operated aircraft.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 15, eff.

Sept. 1, 1999.

Sec. 2205.041. AIRCRAFT USE FORM. (a) The Legislative Budget

Board, in cooperation with the board, shall prescribe:

(1) an annual aircraft use form for gathering information about

the use of state-operated aircraft, including the extent to which

and the methods by which the goal provided by Section 2205.031(b)

is being met; and

(2) procedures for each state agency that operates an aircraft

for sending the form to the board and the Legislative Budget

Board.

(b) The aircraft use form must request the following information

about each aircraft a state agency operates:

(1) a description of the aircraft;

(2) the date purchased or leased and the purchase price or lease

cost;

(3) the number of annual hours flown;

(4) the annual operating costs;

(5) the number of flights and the destinations;

(6) the travel logs prepared under Section 2205.039; and

(7) any other information the Legislative Budget Board requires

to document the proper or cost-efficient use of the aircraft.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 16, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 281, Sec. 12, eff. Sept.

1, 1999.

Sec. 2205.042. PILOTS. An individual who is not a pilot

employed by the board may not operate a state-operated aircraft

unless the board grants the individual a specific exemption from

that requirement.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.043. AIRCRAFT MARKING. (a) Each aircraft owned or

leased by the state, other than an aircraft used for law

enforcement purposes, shall be marked:

(1) with the state seal on each side of the aircraft's vertical

stabilizer; and

(2) with the words "The State of Texas" on each side of the

aircraft's fuselage.

(b) The board shall adopt rules, consistent with federal

regulations and Section 3101.001, governing the color, size, and

location of marks of identification required by this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.39(a), eff.

Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 7.0052, eff. September 1, 2007.

Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The board may

contract with a state or federal governmental agency or a

political subdivision to provide aircraft fuel or to provide

aircraft maintenance services.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2205.045. INSURANCE. (a) The board may purchase insurance

to protect the board from loss caused by damage, loss, theft, or

destruction of aircraft owned or leased by the state and shall

purchase liability insurance to protect the officers and

employees of each state agency from loss arising from the

operation of state-owned aircraft.

(b) The insurance must be on a form approved by the State Board

of Insurance.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 17, eff.

Sept. 1, 1999.

Sec. 2205.046. AIRCRAFT FOR FLIGHT TRAINING PROGRAMS. (a) The

board may transfer aircraft to a public technical institute or

other public postsecondary educational institution for use in the

institution's flight training program. Except as provided by this

section, the board has no responsibility for continued

maintenance of aircraft transferred under this section.

(b) As a condition to the transfer of the aircraft, the

institution must certify in writing to the board that the

institution will accept full responsibility for maintenance of

the aircraft and that it will be properly maintained while in the

custody and control of the institution. The board is entitled to

inspect the aircraft without notice for the purpose of insuring

that the aircraft are properly maintained.

transferred aircraft on a finding by the board that:

(1) the aircraft is not being properly maintained;

(2) the aircraft is being used for a purpose other than flight

training; or

(3) the institution has discontinued its flight training

program.

Added by Acts 1997, 75th Leg., ch. 280, Sec. 1, eff. May 26,

1997.

Sec. 2205.047. INFORMATION POSTED ON THE INTERNET. The board

shall post information related to travel and other services

provided by the board on an Internet site maintained by or for

the board. The site must be generally accessible to state

agencies, persons who use the board's services, and, to the

extent appropriate, the general public.

Added by Acts 2001, 77th Leg., ch. 1232, Sec. 3, eff. Sept. 1,

2001.

State Codes and Statutes

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