CHAPTER 22. COUNTY AND MUNICIPAL AIRPORTS
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
(C) a combination of those facilities or devices.
(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
(C) an airport building or facility located on an appurtenant
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;
(C) the servicing or retrofitting of aircraft, aerospace
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.
(c) A local government, by eminent domain or any other method,
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.
(c) The department, in acting as the agent of a local government
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.
(c) An arrangement made under this section must be made subject
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.
(c) An arrangement made under this section must be made subject
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.
(c) This section does not prevent the parties to a lease from
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.
(c) An arrangement made under this section is subject to the
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.
(c) In this section:
(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.
(c) An offense under this section is a Class B misdemeanor.
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.
(c) In a suit, action, or proceeding involving the security,
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.
(c) A joint-action agreement may include:
(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.
(c) A joint board may plan, acquire, establish, construct,
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.
(c) A member appointed under Subsection (b) serves a one-year
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).
(c) A populous home-rule municipality may acquire property under
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.
(c) An area is a prohibited area for the purposes of
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.
(c) The agreement may provide for the inclusion of revenue from
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.
(c) Except as provided by Subsection (a)(3), a joint board may,
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.
(c) An offense under this section is a Class B misdemeanor.
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.
(c) Disbursements from the fund shall be made by order of the
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.
(c) The furniture, fixtures, and equipment must be, before the
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;
or
(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;
(C) franchise fees, right-of-way fees, and other compensation
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.
(c) Each year, as part of its annual audit, each nonconstituent
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.
(c) Bonds, notes, or other obligations of the corporation must
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