CHAPTER 22. COUNTY AND MUNICIPAL AIRPORTS

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TRANSPORTATION CODE

TITLE 3. AVIATION

CHAPTER 22. COUNTY AND MUNICIPAL AIRPORTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 22.001. DEFINITIONS. In this chapter:

(1) "Air navigation facility" means:

(A) a facility, other than one owned and operated by the United

States, used in or available or designed for use in aid of air

navigation, including a structure, mechanism, light, beacon,

marker, communications system, or other instrumentality;

(B) a device used or useful as an aid in the safe landing,

navigation, or takeoff of aircraft or the safe and efficient

operation or maintenance of an airport; or

(2) "Airport" means:

(A) an area used or intended for use for the landing and takeoff

of aircraft;

(B) an appurtenant area used or intended for use for an airport

building or other airport facility or right-of-way; and

area.

(3) "Airport hazard" means a structure, object of natural

growth, or use of land that:

(A) obstructs the airspace required for the flight of aircraft

in landing at or taking off from an airport; or

(B) is hazardous to the landing or takeoff of aircraft at an

airport.

(4) "Airport hazard area" means an area on which an airport

hazard could exist.

(5) "Area" includes land or water.

(6) "Local government" means a county or municipality in this

state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.002. PUBLIC PURPOSE; COUNTY OR MUNICIPAL PURPOSE. (a)

Subject to Chapter 101, Civil Practice and Remedies Code, the

following functions are public and governmental functions,

exercised for a public purpose, and matters of public necessity:

(1) the acquisition of an interest in real property under this

chapter;

(2) the planning, acquisition, establishment, construction,

improvement, equipping, maintenance, operation, regulation,

protection, and policing of an airport or air navigation facility

under this chapter, including the acquisition or elimination of

an airport hazard;

(3) the exercise of any other power granted by this chapter to

local governments and other public agencies, to be severally or

jointly exercised; and

(4) the acquisition and use of property and privileges by or on

behalf of a local government or other public agency in the manner

and for the purposes described by this chapter.

(b) In the case of a county, a function described by Subsection

(a) is a county function and purpose. In the case of a

municipality, a function described by Subsection (a) is a

municipal function and purpose.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.003. INTERPRETATION AND CONSTRUCTION. This chapter

shall be interpreted to make uniform as far as possible the laws

and regulations of this state, other states, and the United

States relating to local governmental airports.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. ESTABLISHMENT, ACQUISITION, OPERATION, MAINTENANCE,

AND DISPOSAL OF AIRPORTS AND AIR NAVIGATION FACILITIES

Sec. 22.011. GENERAL POWERS REGARDING AIRPORTS AND AIR

NAVIGATION FACILITIES. (a) A local government may plan,

establish, construct, improve, equip, maintain, operate,

regulate, protect, and police an airport or air navigation

facility in or outside:

(1) the territory of the local government; or

(2) the territory of this state.

(b) The power granted under Subsection (a) includes:

(1) constructing, installing, equipping, maintaining, and

operating at an airport a building or other facility, including a

building or other facility for:

(A) the landing and takeoff of aircraft;

(B) cargo, freight, and mail handling, storage, and processing;

aircraft, and other equipment and vehicles related to air

transportation or aerospace flight; and

(D) the comfort and accommodation of air travelers, including a

facility commonly found and provided at an airport; and

(2) buying and selling goods as an incident to the operation of

the local government's airport.

may acquire an interest in property, including an easement in an

airport hazard or land outside the boundaries of an airport or

airport site:

(1) for a purpose described by Subsection (a); and

(2) as necessary to permit the safe and efficient operation of

the airport or to prevent, eliminate, or mark an airport hazard.

(d) A local government may acquire an existing airport or air

navigation facility but may not acquire or take over an airport

or air navigation facility owned or controlled by another local

government or public agency of this state or another state

without the consent of the other local government or the public

agency.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.012. FINANCING OF AIRPORT FACILITIES. Under Section

52-a, Article III, Texas Constitution, a local government may

finance facilities to be located on airport property, other than

those described by Section 22.011(b)(1), that the local

government determines to be:

(1) beneficial to the operation or economic development of an

airport; and

(2) for the public purpose of development and diversification of

the economy.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.013. ESTABLISHMENT OF AIRPORTS ON PUBLIC WATERS. For

the purposes of this chapter, a local government may:

(1) establish, acquire, or maintain, in or bordering the

territory of the local government, an airport in, over, and on

the public water of this state, submerged land under the public

water of this state, or artificial or reclaimed land that before

the artificial making or reclamation of that land was submerged

under the public water of this state; and

(2) construct and maintain a terminal building, landing float,

causeway, roadway, or bridge for an approach to or connection

with an airport described by Subdivision (1) or a landing float

or breakwater for the protection of an airport described by

Subdivision (1).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.014. RULES AND JURISDICTION. (a) A local government

may adopt ordinances, resolutions, rules, and orders necessary to

manage, govern, and use an airport or air navigation facility

under its control or an airport hazard area relating to the

airport. This authority applies to an airport, air navigation

facility, or airport hazard area in or outside the territory of

the local government.

(b) An airport, air navigation facility, or airport hazard area

that is controlled and operated by a local government and that is

located outside the territory of the local government is, subject

to federal and state law, under the jurisdiction and control of

that local government. Another local government may not impose a

license fee or occupation tax for operations on the airport, air

navigation facility, or airport hazard area.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.015. ENFORCEMENT OF RULES. To enforce an ordinance,

resolution, rule, or order adopted under Section 22.014(a), a

local government, by ordinance or resolution as appropriate, may

appoint airport guards or police, with full police powers, and

establish a penalty for a violation of an ordinance, resolution,

rule, or order, within the limits prescribed by law. A penalty is

enforced in the same manner in which a penalty prescribed by

other ordinances or resolutions of the local government is

enforced.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.016. RELATIONSHIP TO ZONING. This chapter does not:

(1) authorize a local government to adopt an ordinance,

resolution, rule, or order that establishes zones or otherwise

regulates the height of structures or natural growths in an area

or in a manner other than as provided by Chapter 241, Local

Government Code; or

(2) limit the power of a local government to regulate airport

hazards by zoning.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.017. DELEGATION OF AUTHORITY TO OFFICER, BOARD, OR

AGENCY. (a) The governing body of a local government by

resolution may delegate to an officer, board, or other local

governmental agency any power granted by this chapter to the

local government or the governing body for planning,

establishing, constructing, improving, equipping, maintaining,

operating, regulating, protecting, and policing an airport or air

navigation facility established, owned, or controlled or to be

established, owned, or controlled by the local government. The

resolution must prescribe the powers and duties of the officer,

board, or other local governmental agency.

(b) Notwithstanding Subsection (a), the local government is

responsible for the expenses of planning, establishing,

constructing, improving, equipping, maintaining, operating,

regulating, protecting, and policing the airport or other air

navigation facility.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.018. DESIGNATION OF TEXAS DEPARTMENT OF TRANSPORTATION

AS AGENT IN CONTRACTING AND SUPERVISING. (a) A local government

or an owner of an eligible airport may designate the Texas

Department of Transportation as its agent in contracting for and

supervising the planning, acquiring, constructing, improving,

equipping, maintaining, or operating of an airport or air

navigation facility.

(b) A local government or an owner of an eligible airport may

enter into an agreement with the department prescribing the terms

of the agency relationship in accordance with the terms

prescribed by the United States, if federal money is involved,

and in accordance with the laws of this state.

or an owner of an eligible airport under this section, shall make

each contract in accordance with the law governing the making of

contracts by or on behalf of the state.

(d) In this section, "eligible airport" means an airport

eligible to receive grant funds under the airport improvement

program established by 49 U.S.C. Section 47101 et seq.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

118, Sec. 1, eff. September 1, 2009.

Sec. 22.019. CONTRACTS. A local government may enter into a

contract necessary to the execution of a power granted the local

government and for a purpose provided by this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.020. OPERATION OF AIRPORT BY ANOTHER. (a) A local

government, by contract, lease, or other arrangement, on a

consideration fixed by the local government and for a term not to

exceed 40 years, may authorize a qualified person to operate, as

the agent of the local government or otherwise, an airport owned

or controlled by the local government.

(b) A local government may not authorize a person to:

(1) operate the airport except as a public airport; or

(2) enter into a contract, lease, or other agreement in

connection with the operation of the airport that the local

government may not have made under Section 22.021.

to the terms of a grant, loan, or agreement under Section 22.055.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.021. USE OF AIRPORT BY ANOTHER. (a) In operating an

airport or air navigation facility that it owns, leases, or

controls, a local government may enter into a contract, lease, or

other arrangement for a term not exceeding 40 years with a

person:

(1) granting the privilege of using or improving the airport or

air navigation facility, a portion or facility of the airport or

air navigation facility, or space in the airport or air

navigation facility for commercial purposes;

(2) conferring the privilege of supplying goods, services, or

facilities at the airport or air navigation facility; or

(3) making available services to be furnished by the local

government or its agents at the airport or air navigation

facility.

(b) In entering into the contract, lease, or other arrangement,

the local government may establish the terms and fix the charges,

rentals, or fees for the privileges or services. The charges,

rentals, and fees must be reasonable and uniform for the same

class of privilege or service and shall be established with due

regard to the property and improvements used and the expenses of

operation to the local government.

to the terms of a grant, loan, or agreement under Section 22.055.

(d) The 40-year limit on the term of a contract, lease, or other

arrangement provided by Subsection (a) does not apply to a

contract, lease, or other arrangement under this section between

a local government and this state, the United States, or an

agency or instrumentality of this state or the United States.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 557, Sec. 1, eff. June 2,

1997.

Sec. 22.022. DURATION OF CERTAIN LEASES. (a) A lease of real

property may not exceed 40 years if:

(1) the lease is made under Section 22.011(c) or (d), Section

22.020, or Section 22.021; and

(2) at the time of the execution of the lease, the property is

used as nonaeronautical property and is located on an airport on

which there are active federal governmental aircraft operations

on federal government property.

(b) A renewal or extension of a lease under Subsection (a) may

not exceed 40 years. If the lease provides for more than one

renewal or extension, the renewals or extensions may not in the

aggregate exceed 40 years.

making a new lease to take effect after the expiration of the

previous lease or after the expiration of the period covered by a

renewal or extension of the previous lease.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.023. LIENS. A local government has a lien on personal

property to enforce the payment of a charge for repairs or

improvements to, or the storage or care of, the property if the

property is made or furnished by the local government or its

agents in connection with the operation of an airport or air

navigation facility owned or operated by the local government.

The lien is enforceable as provided by law.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.024. DISPOSAL OF AIRPORT PROPERTY BY LOCAL GOVERNMENT.

(a) A local government may dispose of an airport or air

navigation facility or other property, or a portion of or

interest in property, acquired under this chapter in any manner,

subject to the laws of this state or provisions of the charter of

the local government governing the disposition of other property

of the local government.

(b) A local government may dispose of the property to another

local government or an agency of the state or federal government

for use for aeronautical purposes, notwithstanding Subsection

(a), in the manner and on the terms the governing body of the

local government considers to be in the best interest of the

local government.

terms of a grant, loan, or agreement under Section 22.055.

(d) Notwithstanding Subsection (a), the competitive bidding

requirements of Chapters 252 and 272, Local Government Code, do

not apply to an exchange, sale, lease, or other disposition of

land or other real property interest by a municipality if:

(1) the land or other property interest is part of an air

navigation facility that is a former military installation; and

(2) the disposition:

(A) is part of a plan to redevelop the facility as an

airport-related industrial park or community; and

(B) promotes the best interest of the municipality.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 358, Sec. 1, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1516, Sec. 3, eff. June 17, 2001.

Sec. 22.025. LIMITATION ON DESIGN AND OPERATION OF AIR

NAVIGATION FACILITIES. An air navigation facility established or

operated by a local government shall be supplementary to and

coordinated in design and operation with those established and

operated by the federal and state governments.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.026. NOISE ABATEMENT. (a) The governing body of a

municipality that owns an airport and is a party to an executory

grant agreement with the Federal Aviation Administration

requiring the municipality to plan, design, and acquire land for

a replacement airport shall:

(1) comply with the Aviation Safety and Noise Abatement Act of

1979 (49 U.S.C. Sec. 2101 et seq.);

(2) provide adequate soundproofing and noise reduction devices

for each public building within the 65 or higher average

day-night sound level contour as determined by the governing body

in accordance with Federal Aviation Administration Advisory

Circulars; or

(3) award a contract for land acquisition services for the

purchase of real property required for the site of a replacement

airport, complete a master plan for the replacement airport, and

provide the replacement airport.

(b) A court may grant appropriate relief to enforce this section

in a suit brought by an affected person.

(1) "Public building" means a church, public or private

hospital, or building owned or leased by a governmental entity,

including a public school.

(2) "Replacement airport" means a new airport that is planned,

designed, and constructed to replace a municipal airport

operating on August 28, 1989.

(d) Expired.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.027. MUNICIPAL PERMISSION FOR GROUND TRANSPORTATION;

OFFENSE. (a) In this section, "ground transportation business"

means the transportation by motor vehicle of persons or baggage

for compensation, and includes transportation by a bus service.

(b) A person commits an offense if, within the boundaries of an

airport operated by a home-rule municipality, the person:

(1) solicits ground transportation business without the

permission of the municipality, if required; or

(2) engages in ground transportation business without the

permission of the municipality, if required.

Added by Acts 2003, 78th Leg., ch. 95, Sec. 1, eff. Sept. 1,

2003.

SUBCHAPTER C. AIRPORT FINANCING

Sec. 22.051. TAXATION. (a) The governing body of a local

government may impose an annual property tax not to exceed five

cents on each $100 valuation to improve, operate, and maintain an

airport or air navigation facility or for any other purpose

authorized by this chapter.

(b) The tax authorized by Subsection (a) is in addition to other

taxes that may be imposed for the interest and sinking fund of

bonds, notes, or time warrants issued under authority of this

chapter or any other statute authorizing a local government to

issue bonds, notes, or warrants for airport purposes.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.052. BONDS. (a) A local government may pay wholly or

partly from the proceeds of the sale of bonds the cost of

planning, acquiring, establishing, constructing, improving, or

equipping an airport or air navigation facility or the site of an

air navigation facility or acquiring or eliminating airport

hazards.

(b) For a purpose described by Subsection (a), a local

government, in the manner provided by Subtitles A, C, D, and E,

Title 9, Government Code, may:

(1) issue any form of secured or unsecured bonds, including

general or special obligation bonds, revenue bonds, or refunding

bonds; and

(2) impose taxes to provide for the interest and sinking funds

of any bonds issued.

validity, or enforceability of a bond issued by a local

government that states on its face that it was issued under this

chapter and for a purpose authorized to be accomplished by this

chapter, the bond is considered to have been issued under this

chapter for that purpose.

(d) If the principal and interest of a bond issued by a local

government under this chapter is payable solely from the revenue

of an airport or air navigation facility, the bond must state so

on its face.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.371, eff. Sept.

1, 2001.

Sec. 22.053. TIME WARRANTS. (a) The commissioners court of a

county with a population of 15,000 to 15,250 may issue time

warrants to:

(1) condemn or purchase land to be used and maintained as

provided by Sections 22.011, 22.020, and 22.024; and

(2) improve and equip the land for the use provided by Sections

22.011, 22.020, and 22.024.

(b) The commissioners court of a county that issues time

warrants under this section shall comply with:

(1) Subchapter C, Chapter 262, Local Government Code, regarding:

(A) notice to issue the time warrants; and

(B) the right to a referendum; and

(2) Chapter 1251, regarding the imposition of taxes for payment

of the time warrants.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 42, eff. Sept. 1,

1999.

Sec. 22.054. APPLICATION OF AIRPORT REVENUE AND SALE PROCEEDS.

A local government shall deposit the revenue received by the

local government from the ownership, control, or operation of an

airport or air navigation facility, including proceeds from the

sale of an airport or a portion of an airport or of air

navigation facility property, in a fund to be designated the

"__________ Airport Fund." The revenue may be used by the local

government only for the purposes authorized by this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.055. FEDERAL AND STATE AID; OTHER GRANTS AND LOANS. (a)

A local government may accept, give a receipt for, disburse, and

spend money from grants and loans for any of the purposes of this

chapter. A local government must accept and spend federal money

under this section on the terms prescribed by the United States

and consistent with state law. A local government must accept and

spend state money under this section on the terms prescribed by

the state. Unless the agency from which the money is received

prescribes otherwise, the chief financial officer of the local

government shall deposit the money in separate funds designated

according to the purposes for which the money is made available

and shall keep it in trust for those purposes.

(b) A local government may designate the Texas Department of

Transportation as its agent to accept, give a receipt for, and

disburse money from grants and loans for any of the purposes of

this chapter. The department shall accept and shall transfer or

spend federal money accepted under this section on the terms

prescribed by the United States. The department shall deposit

money it receives under this subsection in the state treasury

and, unless the agency from which the money is received

prescribes otherwise, shall keep the money in separate funds

designated according to the purposes for which the money is made

available, and the state shall hold the money in trust for those

purposes.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. JOINT OPERATIONS

Sec. 22.071. DEFINITIONS. In this subchapter:

(1) "Constituent agency" means a public agency that is a party

to an agreement under Section 22.072 to act jointly under this

subchapter.

(2) "Governing authority" means the governing body of a county

or municipality or the head of a public agency other than a

county or municipality.

(3) "Joint board" means a board created under Section 22.074.

(4) "Populous home-rule municipality" means a home-rule

municipality with a population of more than 400,000.

(5) "Public agency" includes a local government, an agency of

the state or of the United States, and a political subdivision or

agency of another state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.072. JOINT-ACTION AGREEMENT. (a) Two or more public

agencies may enter into an agreement with each other for joint

action under this chapter. Concurrent action by ordinance,

resolution, or otherwise of the governing authorities of the

participating public agencies constitutes joint action.

(b) A joint-action agreement must specify:

(1) its duration;

(2) the proportionate interest each public agency has in the

property, facilities, and privileges involved;

(3) the proportion each public agency pays of:

(A) the preliminary costs and costs of acquiring, establishing,

constructing, improving, and equipping the airport, air

navigation facility, or airport hazard area; and

(B) the costs of maintaining, operating, regulating, and

protecting the airport, air navigation facility, or airport

hazard area; and

(4) any other terms required by this subchapter.

(1) provisions for amending the agreement;

(2) conditions and methods of terminating the agreement;

(3) provisions for disposing of all or any of the property,

facilities, and privileges jointly owned before or after all or

part of the property, facilities, and privileges cease to be used

for the purposes of this chapter or on termination of the

agreement;

(4) provisions for distributing the proceeds received on

disposal of the property, facilities, and privileges and any

funds or other property jointly owned and undisposed of;

(5) provisions for assuming or paying any indebtedness arising

from the joint venture that remains unpaid on the disposal of all

assets or on termination of the agreement; and

(6) any other necessary or convenient provision.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.073. ADDITIONAL AUTHORIZATION. A power or privilege

granted to a local government by this chapter may be exercised

jointly with a public agency of another state or the United

States to the extent permitted by the laws of that state or of

the United States. A state agency, when acting jointly with a

local government, may exercise a power or privilege granted to a

local government by this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.074. JOINT BOARD. (a) Public agencies acting jointly

under this subchapter shall create a joint board consisting of

members appointed by the governing authority of each

participating public agency. Subject to Section 22.0745, the

joint agreement shall provide for the number to be appointed and

the members' terms and compensation, if any. The joint board

shall organize, select officers for terms to be provided by the

agreement, and adopt rules for its own procedures.

(b) A joint board may exercise on behalf of its constituent

agencies all the powers of each with respect to an airport, air

navigation facility, or airport hazard area, subject to the

limitations of Sections 22.079-22.082.

improve, equip, maintain, operate, regulate, protect, and police

an airport, air navigation facility, or airport hazard area

jointly acquired, controlled, and operated. The joint board may

also realign, alter, acquire, abandon, or close a portion of a

roadway or alleyway without a showing of paramount importance if

the portions to be realigned, altered, acquired, abandoned, or

closed are in the geographic boundaries of the airport at the

time of or after the realignment, alteration, acquisition,

abandonment, or closing. A taking of a right-of-way that occurs

in the exercise of this power shall be compensated at fair market

value.

(d) If the constituent agencies of a joint board are populous

home-rule municipalities, a power described by Subsection (c) is

exclusively the power of the board regardless of whether all or

part of the airport, air navigation facility, or airport hazard

area is located in or outside the territory of any of the

constituent agencies. Another local government or other political

subdivision may not enact or enforce a zoning ordinance,

subdivision regulation, construction code, or other ordinance

purporting to regulate the use or development of property

applicable in the geographic boundaries of the airport as it may

be expanded.

(e) The powers exclusively given to a joint board under

Subsection (d) do not affect the jurisdiction of a municipal

court under Section 29.003, Government Code. The jurisdiction of

a municipal court under that section does not authorize the

officers or employees of a municipality that is not a constituent

agency of the joint board to enter airport property to regulate,

protect, or police the airport except as permitted by a valid

interlocal agreement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 611, Sec. 2, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 352, Sec. 1, eff. Sept. 1, 2001.

Sec. 22.0745. NONCONSTITUENT MUNICIPALITY REPRESENTATION ON

JOINT BOARD. (a) In this section, "nonconstituent municipality"

means a municipality that has territory within the boundaries of

an airport that is governed by a joint board for which the

constituent agencies are populous home-rule municipalities.

(b) A joint board for which the constituent agencies are

populous home-rule municipalities must include in its membership

a nonvoting member jointly appointed by the airport's

nonconstituent municipalities.

term. The nonconstituent municipalities by agreement shall

establish an order under which members are appointed under

Subsection (b) that ensures that each nonconstituent municipality

has a representative on the joint board on a rotating basis.

(d) The member appointed under Subsection (b) is not entitled

to:

(1) attend or participate in a meeting of the joint board that

is a closed meeting under Chapter 551, Government Code; or

(2) inspect or copy information that is collected, assembled, or

maintained by the joint board, if the information is confidential

or excepted from public disclosure under Chapter 552, Government

Code.

Added by Acts 2001, 77th Leg., ch. 352, Sec. 2, eff. Sept. 1,

2001.

Sec. 22.075. ACQUISITION OF PROPERTY BY POPULOUS HOME-RULE

MUNICIPALITIES. (a) A joint board for which the constituent

agencies are populous home-rule municipalities may not acquire in

fee simple property in a municipality to enlarge an airport

operated by the joint board, including property acquired for the

runway protection zone and for mitigating the effects of

additional airport noise caused by the enlargement of the

airport, in more than an aggregate of 10 percent of that portion

of the land area of the airport that is in the municipality

unless the joint board has the consent of the municipality.

(b) Property acquired for the purpose of mitigating the effects

of additional airport noise caused by the enlargement of the

airport that is resold is not included as part of the limit

prescribed by Subsection (a).

Section 22.080(b) or Chapter 21, Property Code, for a purpose

described by Subsection (a), except that the consent of the

municipality in which the property is located is required for an

acquisition in excess of the limit prescribed by Subsection (a).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.076. TREATMENT OF HAZARDOUS WASTE PROHIBITED. (a) A

joint board may not construct a facility to treat hazardous waste

as defined by Section 361.003, Health and Safety Code, in an area

that the joint board acquires and that is subject to the

limitation prescribed by Section 22.075 without first obtaining

the permission of the municipality in which the facility is to be

located.

(b) This section does not prohibit any process or other activity

related to the deicing of aircraft, transportation or storage of

fuel, or cleanup or remediation of a spill or leak.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.077. CERTAIN ACTIVITIES NEAR AIRPORT BOUNDARIES

PROHIBITED. (a) A joint board for which the constituent

agencies are populous home-rule municipalities may not begin

construction in a prohibited area of any of the following without

receiving the approval of the municipality in which the facility

or site is to be located:

(1) a sewer and wastewater treatment plant;

(2) an aboveground aviation fuel storage facility, not including

pipelines for transporting fuel;

(3) a sanitary landfill site;

(4) a hazardous-waste disposal site; or

(5) a facility designed primarily for aircraft engine testing.

(b) An area is a prohibited area for the purposes of

construction of a facility or site described by Subsections

(a)(1)-(4) if:

(1) the area is within 1,000 feet of any part of the boundary of

the airport as the boundary existed on the date the airport began

operations; or

(2) after the date the airport began operations the airport

boundary is expanded under Section 22.075 to include contiguous

property and the area is within 1,000 feet of any part of the

boundary of the airport after that expansion.

construction of a facility or site described by Subsection (a)(5)

if:

(1) the area is within 500 feet of any part of the boundary of

the airport as the boundary existed on the date the airport began

operations; or

(2) after the date the airport began operations the airport

boundary is expanded under Section 22.075 by more than 500 feet

to include contiguous property and the area is within 1,000 feet

of any part of the boundary of the airport after that expansion.

(d) The construction of a deicing facility by the joint board

does not require the approval of the local government in which

the facility is to be located.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.078. INTERGOVERNMENTAL AGREEMENT WITH POLITICAL

SUBDIVISION. A joint board for which the constituent agencies

are populous home-rule municipalities may make an

intergovernmental agreement with a political subdivision of the

state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.0781. REVENUE SHARING AGREEMENT WITH MUNICIPALITY. (a)

A municipality, a joint board for which the constituent agencies

are populous home-rule municipalities, and the constituent

agencies may make an agreement under which a portion of the

revenue derived from a tax or fee of the municipality imposed in

the territory of the municipality for which the joint board has

exclusive power under Section 22.074(d) may be transferred to the

constituent agencies if under the agreement the joint board

agrees to encourage development opportunities in the territory of

the municipality that are feasible and consistent with the

development policies of the joint board.

(b) A tax or fee that may be transferred under an agreement

includes a sales and use tax, an ad valorem property tax, a mixed

beverage tax, a fine, a franchise fee, a cost of court, and a

hotel occupancy tax.

a tax imposed under Chapter 334, Local Government Code, in the

transfer only if the election approving that tax is held after

the date the agreement is made under this section. If any revenue

from a tax imposed under Chapter 334, Local Government Code, is

to be transferred, the municipality must provide general notice

of that fact in the order calling the election and in the ballot

proposition. The specifics of the transfer agreement are not

required to be placed in the order or in the ballot proposition

and only the municipality that will transfer its revenue is

required to hold an election for the agreement to be effective.

The ballot for an election held under this subsection shall be

prepared to permit voting for or against the proposition:

"Authorizing __________(insert name of municipality) to impose a

__________(insert type of tax) tax at the rate of __________

(insert the maximum rate of the tax) with the revenue to be

shared with __________ (insert name of each constituent agency

covered by the agreement) under a revenue sharing agreement."

(d) A constituent agency may use revenue received under an

agreement under this section for one or more of the following:

(1) the acquisition, construction, improvement, and renovation

of any public work, including land, buildings, materials,

supplies, equipment, furnishings, and machinery;

(2) to secure and pledge in support of the payment of bonds or

other obligations issued by or on behalf of the constituent

agency after the effective date of the agreement for any purpose

for which the constituent agency, or an entity created by the

constituent agency to act on its behalf, may issue bonds or

obligations; and

(3) to pay the cost of a credit agreement, as defined by Section

1371.001, Government Code.

(e) Notwithstanding any other law, a municipality may use

revenue retained under an agreement for any governmental purpose.

(f) Notwithstanding any other provision of Chapter 334, Local

Government Code, a tax imposed under Chapter 334 that is subject

to an agreement under this section continues in effect until the

governing body of the municipality that imposed the tax acts at

its discretion to repeal the tax.

(g) To the extent of any conflict between this section and

another provision of law, including a charter provision, this

section controls.

Added by Acts 1999, 76th Leg., ch. 160, Sec. 1, eff. May 21,

1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.372, eff.

Sept. 1, 2001.

Sec. 22.079. BUDGET. On or before December 1 of each year, the

governing authority of each constituent agency of a joint board

shall approve a budget determining the total expenditures to be

made by the joint board for any purpose in the following calendar

year.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.080. ACQUISITION AND DISPOSAL OF PROPERTY. (a) A joint

board may not, without the consent of each governing authority of

the board's constituent agencies:

(1) acquire an airport, air navigation facility, airport hazard,

or property if the cost of the property exceeds the amount set by

the joint agreement or allotted in the annual budget;

(2) dispose of an airport, air navigation facility, or real

property under the jurisdiction of the board; or

(3) enter into a contract, lease, or other arrangement for the

use and occupancy by another of airport property for a term of

more than 40 years, including renewals or options to renew.

(b) Eminent domain proceedings under this subchapter may be

instituted only by authority of the governing authorities of the

constituent agencies of the joint board. Eminent domain

proceedings must be instituted in the names of the constituent

agencies jointly, and property acquired in eminent domain

proceedings shall be held by the agencies as tenants in common

until the agencies convey the property to the joint board.

without the consent of the governing authorities of the board's

constituent agencies, enter into a contract, lease, or other

arrangement for the use and occupancy by another of airport

property on the terms approved by the board, including the

amounts of rental, revenue, and payments, the periods of years,

and the options of renewal.

(d) The consent required by Subsection (a)(3) is unnecessary if

each governing authority by resolution waives that requirement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.081. TAXICAB LICENSING. A joint board may license

taxicabs transporting passengers to or from the airport and

impose fees for issuing the licenses.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.0815. OFFENSE: UNAUTHORIZED GROUND TRANSPORTATION. (a)

In this section, "ground transportation business" means the

transportation by motor vehicle of persons or baggage for

compensation.

(b) A person commits an offense if, within the boundaries of an

airport operated or controlled by a joint board for which the

constituent agencies are populous home-rule municipalities, the

person:

(1) solicits ground transportation business without the

permission of the joint board, if required; or

(2) engages in ground transportation business without the

permission of the joint board, if required.

Amended by:

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

921, Sec. 15.001, eff. September 1, 2007.

Sec. 22.082. RULES. A resolution, rule, or order of a joint

board dealing with a subject authorized by Section 22.014 or

22.081 is effective only on approval of the governing authorities

of the constituent agencies. On approval, a resolution, rule, or

order of the joint board has the same effect in the territories

or jurisdictions involved as an ordinance, resolution, rule, or

order of the public agency would have in its own territory or

jurisdiction.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.083. JOINT FUND. (a) Each constituent agency shall

deposit in a joint fund created and maintained to provide the

joint board with money for expenditures necessary to carry out

this subchapter the agency's share of the fund as provided by the

joint agreement.

(b) Federal, state, or other contributions or loans and the

revenue obtained from the joint ownership, control, and operation

of any airport or air navigation facility under the jurisdiction

of the joint board shall be deposited to the credit of the joint

fund.

joint board, subject to the limitations prescribed by Sections

22.079-22.082.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.084. AIRPORT REVENUE AND REVENUE BOND PROCEEDS;

CONTRACTING OPPORTUNITIES FOR MINORITY- AND WOMEN-OWNED

BUSINESSES. (a) If constituent agencies or a nonprofit

corporation created under Section 22.152 issues revenue bonds to

finance the construction or acquisition of a facility or other

improvement at an airport, the proceeds of the bonds and any

other airport income or revenue may be spent on projects for

which the proceeds, income, or revenue may otherwise be spent. An

agreement may be made to spend all or a portion of the proceeds,

income, or revenue for the planning, construction, or acquisition

of facilities authorized by Sections 22.011(a)-(c) and 22.012

without inviting, advertising for, or otherwise requiring

competitive bids. A contract wholly or partly funded with

proceeds, income, or revenue under this subsection shall be let

in accordance with the joint board's rules and policies relating

to creation of contracting opportunities for minority- and

women-owned businesses.

(b) This section does not apply to a contract to be paid:

(1) from the proceeds of bonds unless the bonds from which the

particular proceeds derive provide that they may not be repaid in

any circumstances from ad valorem taxes; or

(2) wholly or partly from ad valorem taxes.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.085. INSURANCE. (a) A joint board, through

self-insurance, purchased insurance, or both, may insure the

joint board and its contractors and subcontractors against

liability arising from the acquisition, construction, or

operation of the programs and facilities of the joint board for:

(1) damages to the person or property of others;

(2) workers' compensation; and

(3) officers' and employees' liability.

(b) A joint board may use contracts and rating plans and may

implement risk management programs designed to prevent accidents.

In developing its insurance program, a joint board may consider

the peculiar hazards, indemnity standards, and past prospective

loss and expense experience of the joint board and of its

contractors and subcontractors.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.086. ACCEPTANCE OF CREDIT CARDS. A joint board may:

(1) accept credit cards in payment of fees for all or certain

categories of services provided by or on behalf of the joint

board in connection with its operation of an airport;

(2) collect a fee for processing a payment by credit card; and

(3) collect a service charge from the person who owes the fee if

the payment by credit card is not honored by the credit card

company on which the funds are drawn.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.087. USE OF TERMINAL FACILITIES BY MANUFACTURERS AND

CONCESSIONAIRES. A joint board may:

(1) use the property, including terminal buildings, of a jointly

owned airport to display, demonstrate, market, and sell aircraft

and aircraft-related, airport-related, and aviation-related

property, including goods and equipment;

(2) lease to or permit the use of airport property by

manufacturers, suppliers, concessionaires, and other providers of

aircraft and aircraft-related, airport-related, and

aviation-related property, including goods and equipment; and

(3) use the revenue of the airport and the proceeds of bonds

authorized by this chapter or by any other law for a purpose

described by Subdivision (1) or (2).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.088. EXPENDITURE OF BOND REVENUE BY JOINT BOARD WITHOUT

COMPETITIVE BIDDING. (a) A joint board may spend or agree to

spend the proceeds of revenue bonds under its control to acquire

and install furniture, fixtures, and equipment to be used at an

airport operated by the joint board without inviting, advertising

for, or otherwise requiring competitive bids or requiring or

obtaining a payment or performance bond.

(b) This section applies to furniture, fixtures, and equipment

purchased by the joint board or a private entity that will lease

the furniture, fixtures, and equipment in accordance with this

section.

delivery of the bonds, the subject of a lease from the joint

board to a private entity under the terms of which the lessee is:

(1) obligated to maintain the furniture, fixtures, and equipment

solely at its expense; and

(2) unconditionally obligated throughout the term of the bonds

to make payments of net rent in amounts and at times sufficient

to provide for the timely payment of all principal, interest,

redemption premiums, and other costs and expenses arising or to

arise in connection with the payment of the bonds.

(d) This section does not apply to the expenditure of the

proceeds of bonds:

(1) unless the bonds provide by their own terms that:

(A) they are payable solely from the net rents required by

Subsection (c)(2); and

(B) they are not payable in any circumstances from tax revenue;

(2) that provide for the creation of a contractual mortgage lien

against real property owned by the public agencies creating the

joint board.

(e) A joint board may adopt rules it finds to be in the public

interest to govern the method and installation of the properties

to which this section relates.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.089. AIRPORT REVENUE OF NONCONSTITUENT MUNICIPALITIES.

(a) In this section:

(1) "Airport revenue" means revenue that is not already pledged

or dedicated for another purpose and is received by a

nonconstituent municipality from:

(A) maintenance and operations ad valorem taxes imposed on real

and personal property located within a revenue sharing area by

the municipality;

(B) the sales and use tax imposed by the municipality under

Chapter 321, Tax Code, derived only from the sale or use of

taxable items in the revenue sharing area;

paid to the municipality by a utility for the use of the public

right-of-way or other public property located within the revenue

sharing area;

(D) money collected by the municipal court, including fines,

fees, and court costs derived only from convictions for offenses

that occur in the revenue sharing area;

(E) the mixed beverage taxes received by the municipality under

Section 183.051, Tax Code, derived only from the sale,

preparation, or service of a taxable item in the revenue sharing

area;

(F) all other taxes attributable to the revenue sharing area and

deposited to the credit of the municipality's general fund; and

(G) as agreed by the joint board and the nonconstituent

municipality, from commercial development in an area of the

municipality within the boundaries of the airport that is not a

revenue sharing area.

(2) "Excess airport revenue" means that amount of airport

revenue received by a nonconstituent municipality in the

municipality's fiscal year that exceeds the amount of airport

revenue of the municipality in the later of:

(A) the municipality's fiscal year 2000; or

(B) the first fiscal year of the municipality in which the

airport is fully operational.

(3) "Nonconstituent municipality" means a municipality:

(A) that has territory within the boundaries of an airport that

is governed by a joint board for which the constituent agencies

are populous home-rule municipalities; and

(B) that has not entered into an agreement under Section 22.0781

with the joint board.

(4) "Revenue sharing area" means the area of a nonconstituent

municipality located within the boundaries of the airport that is

not separated from the airport passenger terminal buildings by a

controlled access highway, as defined by Section 203.001, that

runs through the municipality.

(b) Not later than December 31 of each year, each nonconstituent

municipality shall pay to the constituent agencies an amount

equal to two-thirds of the nonconstituent municipality's excess

airport revenues for the preceding fiscal year. The constituent

agencies shall divide the payment according to their respective

ownership interests in the airport to which the revenue was

attributable.

municipality shall retain an independent auditor to verify the

nonconstituent municipality's excess airport revenue. The

constituent agencies shall reimburse each nonconstituent

municipality for two-thirds of the cost of the verification. The

portion of the reimbursement to be paid by each constituent

agency shall be based on the respective ownership interests in

the airport to which the increased revenues were attributable.

Once each calendar year, each constituent agency may audit a

nonconstituent municipality's records relating to the excess

airport revenue at the sole expense of the constituent agency.

(d) Each nonconstituent municipality shall determine the amount

of the municipality's airport revenue according to available

statistical data indicating the estimated or actual total revenue

attributable to that portion of the municipality that lies within

the boundaries of the airport.

Added by Acts 2001, 77th Leg., ch. 352, Sec. 3, eff. Sept. 1,

2001.

Text of section effective until August 31, 2021

Sec. 22.090. RETAIL DEVELOPMENT WITHIN AIRPORT BOUNDARIES IN

NONCONSTITUENT MUNICIPALITY. (a) A person may not develop a

retail establishment in an area of a nonconstituent municipality,

as defined by Section 22.089, that is separated from the airport

passenger terminal buildings by a controlled access highway, as

defined by Section 203.001, without the consent of the joint

board and the nonconstituent municipality. This subsection does

not affect the powers of a joint board under Section 22.074.

(b) This section expires August 31, 2021.

Added by Acts 2001, 77th Leg., ch. 352, Sec. 3, eff. Sept. 1,

2001.

SUBCHAPTER E. NONPROFIT AIRPORT FACILITY FINANCING CORPORATIONS

Sec. 22.151. DEFINITIONS. The definitions in Subchapter D apply

to this subchapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.152. NONPROFIT AIRPORT FACILITY FINANCING CORPORATIONS.

(a) The public agencies, by concurrent order, ordinance, or

resolution, may authorize the incorporation of a nonprofit

airport facility financing corporation under this chapter to

provide financing to pay the costs, including direct and indirect

costs, capitalized interest, and reserves for the costs, of an

airport facility authorized by Sections 22.011(a)-(c) and 22.012

and for other purposes set forth in the articles of

incorporation.

(b) In fulfilling its purposes and performing its powers,

duties, and operations, the corporation shall act on behalf of

and as the duly constituted authority and instrumentality of the

constituent agencies authorizing its creation for purposes of

Section 103 of the Internal Revenue Code of 1986 (26 U.S.C.

Section 103).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.153. APPROVAL OF ARTICLES OF INCORPORATION; APPOINTMENT

OF BOARD OF DIRECTORS. (a) The concurrent order, ordinance, or

resolution of the constituent agencies authorizing incorporation

of the nonprofit airport facility financing corporation must

approve the articles of incorporation for the corporation and any

amendments to the articles of incorporation.

(b) The board of directors of the corporation may be selected

and appointed in any manner specified in the articles of

incorporation, including the selection and appointment of the

board of directors by the joint board under whose authority the

jointly owned airport is operated and supervised under this

chapter and the joint agreement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.154. INCORPORATION. A nonprofit airport facility

financing corporation may be incorporated under this chapter by

filing its articles of incorporation with the secretary of state

in the manner prescribed for the incorporation of nonprofit

corporations under the Texas Non-Profit Corporation Act (Article

1396-1.01 et seq., Vernon's Texas Civil Statutes). On filing of

the articles of incorporation, the secretary of state shall issue

a certificate of incorporation showing that the corporation is

incorporated under this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.155. BYLAWS. The joint board under whose authority the

jointly owned airport is operated shall approve or prescribe the

bylaws of the corporation. The bylaws may prescribe the

procedures to be followed in fulfilling the purposes of the

corporation and in exercising its powers and may include any

limitations on exercising those powers the joint board considers

appropriate.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.156. APPLICABLE LAWS. The corporation has the powers

granted by this chapter, the Texas Non-Profit Corporation Act

(Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), and

all other laws applicable to nonprofit corporations. The internal

affairs of the corporation are governed by, the purposes and

powers of the corporation are fulfilled and exercised in

accordance with, and the corporation is subject to, the Texas

Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's

Texas Civil Statutes), except as otherwise provided by this

chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.157. BONDS. (a) A nonprofit airport facility financing

corporation may provide financing for the purposes described by

Section 22.152(a) by issuing bonds, notes, or other forms of

obligations on behalf of the constituent agencies on terms the

board of directors considers appropriate, consistent with the

procedures and limitations set forth in the bylaws and subject

only to the limitations in this subsection. The bonds, notes, or

other obligations are payable only from:

(1) revenue, rents, income, or payments from one or more users

of property of the jointly owned airport under a lease, loan,

purchase, lease-purchase, or other agreement between the

corporation and the user or users; and

(2) revenue of the airport that the joint board commits and

pledges to the payment of the obligations under agreements

between the joint board and the corporation as authorized by

Subsection (b).

(b) A lease, loan, purchase, lease-purchase, or other agreement

may be on terms the parties to the agreement determine

appropriate. The joint board and the corporation may enter into

agreements, including lease, lease-purchase, or other agreements,

as they determine appropriate to accomplish financing under this

section.

be submitted to the attorney general for review and approval. If

the attorney general determines that the obligations are issued

in accordance with this chapter, the attorney general shall

approve them. On approval, the obligations are incontestable for

any cause.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.158. EARNINGS. (a) No part of a nonprofit airport

facility financing corporation's net earnings remaining after

payment of its expenses and other obligations may benefit an

individual, private firm, or private corporation.

(b) If the board of directors determines that sufficient

provision has been made for the full payment of the expenses,

bonds, notes, and other obligations of the corporation, any net

earnings of the corporation subsequently accruing shall be paid

to the joint board for the benefit of the constituent agencies in

their respective ownership shares of the airport in accordance

with the joint agreement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.159. ALTERATION OR TERMINATION OF CORPORATION. The

constituent agencies that authorize the incorporation of a

nonprofit airport facility financing corporation may alter the

structure, organization, programs, or activities of the

corporation or may terminate and dissolve the corporation,

subject only to any limitations provided by state law relating to

the impairment of contracts entered into by the corporation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 22.901. DISPOSAL OF ABANDONED AIRCRAFT. (a) A local

government that is unable to determine the ownership of an

aircraft that has been located for more than 90 days at an

airport owned by the local government may petition a district

court for the county in which the aircraft is located to

determine the ownership of the aircraft if:

(1) the local government has provided notice in the same manner

as provided by Section 683.012 for notice of an abandoned motor

vehicle; and

(2) the local government has contacted the Federal Aviation

Administration in an attempt to identify the owner of the

aircraft.

(b) On filing of a petition under Subsection (a), the court

shall hold a hearing to determine the ownership status of the

aircraft. The local government shall present the court with all

evidence the local government has in its possession about the

owners

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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