83R26517 PAM-D
By: Lozano H.B. No. 605
Substitute the following for H.B. No. 605:
By: Farias C.S.H.B. No. 605
A BILL TO BE ENTITLED
AN ACT
relating to the authority of municipalities or counties to adopt
regulations or 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 that is more than 100 feet in height 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. 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 4. Section 241.013, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(a-2), (a-3), and (a-4) 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 municipality
described by Subsection (a-2)(2) is located in the municipality.
(a-2) This section applies only to:
(1) a political subdivision that has a population of
more than 45,000; or
(2) a municipality located in a county that has a
population of more than 32,000 and less than 32,300 and that
includes wholly or partly within its boundaries or 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 municipality described by Subsection (a-2)(2) may
adopt, administer, or enforce an airport hazard area zoning
regulation under this section only in a county described by
Subsection (a-2)(2).
(a-4) If each airport with a radar system owned and operated
by the federal government or a defense agency of the federal
government or the state that is located wholly or partly within the
boundaries or extraterritorial jurisdiction of a municipality
described by Subsection (a-2)(2) converts to a satellite system,
this section no longer applies.
SECTION 5. 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 a
municipality described by Section 241.013(a-2)(2) and in an airport
hazard area subject to regulation by the municipality 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 6. 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.