CHAPTER 2205. AIRCRAFT POOLING
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.
(c) The representative of the comptroller is an ex officio,
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.
(c) A person who is the spouse of an officer, manager, or paid
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.
(c) If the executive director has knowledge that a potential
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.
(c) Two voting members of the board constitute a quorum.
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.
(c) The governor's office shall deliver a biennial report to the
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.
(c) The board, at least quarterly until final disposition of the
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.
(c) As part of the strategic plan that the board develops and
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.
(c) A pilot of Texas A&M University System aircraft must be
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.
(c) The lease may provide for operation or maintenance by the
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.
(c) The board may not provide aircraft transportation to a
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.
(c) The board shall confer with and solicit the written advice
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.
(c) A state agency other than the board shall send travel logs
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.
(c) The board may immediately reassume custody and control of a
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.