BILL ANALYSIS S.B. 334 By: Carona Transportation Committee Report (Unamended) BACKGROUND AND PURPOSE Article 46c-6 of Vernon's Texas Civil Statutes provides the Texas Department of Transportation (TxDOT) with the power to regulate air carriers and requires TxDOT to adopt rules providing for the safety of air carriers. Under that article, an air carrier may not operate in the state unless the carrier has obtained a certificate of public convenience and necessity or a certificate of operating authority from TxDOT. Federal law preempts a state's economic regulation of air carriers. As proposed, S.B. 334 repeals the statute that grants authority to TxDOT to regulate air carriers. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. ANALYSIS SECTION 1. Repealer: Section 6 (General Powers and Duties of Commission), Chapter 344, Acts of the 49th Legislature, Regular Session, 1945 (Article 46c-6, V.T.C.S.). SECTION 2. Effective date: upon passage or September 1, 2009. EFFECTIVE DATE September 1, 2009
BILL ANALYSIS
BILL ANALYSIS
S.B. 334
By: Carona
Transportation
Committee Report (Unamended)
S.B. 334
By: Carona
Transportation
Committee Report (Unamended)
BACKGROUND AND PURPOSE
Article 46c-6 of Vernon's Texas Civil Statutes provides the Texas Department of Transportation (TxDOT) with the power to regulate air carriers and requires TxDOT to adopt rules providing for the safety of air carriers. Under that article, an air carrier may not operate in the state unless the carrier has obtained a certificate of public convenience and necessity or a certificate of operating authority from TxDOT.
Federal law preempts a state's economic regulation of air carriers.
As proposed, S.B. 334 repeals the statute that grants authority to TxDOT to regulate air carriers.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
ANALYSIS
SECTION 1. Repealer: Section 6 (General Powers and Duties of Commission), Chapter 344, Acts of the 49th Legislature, Regular Session, 1945 (Article 46c-6, V.T.C.S.).
SECTION 2. Effective date: upon passage or September 1, 2009.
EFFECTIVE DATE
September 1, 2009