83R1800 PAM-F
By: Lozano H.B. No. 605
A BILL TO BE ENTITLED
AN ACT
relating to the authority of municipalities and counties to adopt
regulations and take other actions relating to airport hazard
areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 241.002, Local Government Code, is
amended to read as follows:
Sec. 241.002. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) an airport hazard endangers the lives and property
of users of the airport and of occupants of land in the vicinity of
the airport;
(2) an airport hazard that is an obstruction reduces
the size of the area available for the landing, taking off, and
maneuvering of aircraft, tending to destroy or impair the utility
of the airport and the public investment in the airport;
(3) an airport hazard that is an interference
negatively impacts the visual, radar, radio, navigation, or other
systems for tracking, acquiring data relating to, monitoring, or
controlling aircraft, tending to destroy or impair the utility of
the airport and the public investment in the airport;
(4) [(3)] the creation of an airport hazard is a
public nuisance and an injury to the community served by the airport
affected by the hazard;
(5) [(4)] it is necessary in the interest of the
public health, public safety, including flight safety, and general
welfare to prevent the creation of an airport hazard;
(6) [(5)] the creation of an airport hazard should be
prevented, to the extent legally possible, by the exercise of the
police power without compensation; and
(7) [(6)] the prevention of the creation of an airport
hazard and the elimination, the removal, the alteration, the
mitigation, or the marking and lighting of an airport hazard are
public purposes for which a political subdivision may raise and
spend public funds and acquire land, an air right or aviation
easement, or other interests in property [land].
SECTION 2. Sections 241.003(2) and (3), Local Government
Code, are amended to read as follows:
(2) "Airport hazard" means a structure or object of
natural growth or any electronic emission or visual effect that
obstructs or limits, or has the potential to obstruct or limit, the
operation of aircraft to, from, or in the vicinity of the airport,
including anything that:
(A) obstructs the air space required for the
taking off, landing, or maneuvering [and flight] of aircraft; or
(B) [that] interferes with visual, radar, radio,
navigation, or other systems for tracking, acquiring data relating
to, monitoring, or controlling aircraft.
(3) "Airport hazard area" means an area of land or
water located inside or outside airport boundaries on which an
airport hazard could exist.
SECTION 3. Section 241.011(b), Local Government Code, is
amended to read as follows:
(b) To prevent the creation of an airport hazard obstruction
or interference, the [The] airport hazard area zoning regulations
may divide an airport hazard area into zones and for each zone:
(1) specify the land uses permitted;
(2) regulate the type of structures; and
(3) restrict the height of structures and objects of
natural growth [to prevent the creation of an obstruction to flight
operations or air navigation].
SECTION 4. The heading to Section 241.013, Local Government
Code, is amended to read as follows:
Sec. 241.013. EXTRATERRITORIAL ZONING IN CERTAIN POLITICAL
SUBDIVISIONS [WITH POPULATION OF MORE THAN 45,000].
SECTION 5. Section 241.013, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(a-2), and (a-3) to read as follows:
(a) A political subdivision described by Subsection (a-2)
[with a population of more than 45,000] in which an airport used in
the interest of the public to the benefit of the political
subdivision is located may adopt, administer, and enforce:
(1) airport hazard area zoning regulations applicable
to an airport hazard area relating to the airport and located
outside the political subdivision; and
(2) airport compatible land use zoning regulations
applicable to a controlled compatible land use area relating to the
airport and located outside the political subdivision.
(a-1) For purposes of Subsection (a), an airport that is
located in the extraterritorial jurisdiction of a political
subdivision described by Subsection (a-2)(2) is located in the
political subdivision.
(a-2) This section applies only to a political subdivision
that:
(1) has a population of more than 45,000; or
(2) has a population of more than 26,000 and includes
wholly or partly within its boundaries or, as applicable, within
its extraterritorial jurisdiction an airport with a radar system
owned and operated by the federal government or a defense agency of
the federal government or the state.
(a-3) A political subdivision described by Subsection
(a-2)(2) may not adopt, administer, or enforce an airport hazard
area zoning regulation under this section in an area that is located
more than 25 nautical miles from a federally owned and operated
radar system.
SECTION 6. Section 241.903(a), Local Government Code, is
amended to read as follows:
(a) A political subdivision may acquire from a person or
other political subdivision an air right, aviation easement, or
other estate or interest in property or in a nonconforming
structure or use if:
(1) the acquisition is necessary to accomplish the
purposes of this chapter;
(2) the property or nonconforming structure or use is
located within the political subdivision or located outside the
political subdivision and in an airport hazard area subject to
regulation under Section 241.013, the political subdivision owns
the airport, or the political subdivision is served by the airport;
and
(3)(A) the political subdivision desires to remove,
lower, or terminate the nonconforming structure or use;
(B) airport zoning regulations are not
sufficient to provide necessary approach protection because of
constitutional limitations; or
(C) the acquisition of a property right is more
advisable than an airport zoning regulation in providing necessary
approach protection.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.