Texas 2013 - 83rd Regular

Texas House Bill HB605 Compare Versions

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Old	New	Differences
1	1	83R26517 PAM-D
2	2	By: Lozano H.B. No. 605
3	3	Substitute the following for H.B. No. 605:
4	4	By: Farias C.S.H.B. No. 605
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of municipalities or counties to adopt
10	10	regulations or take other actions relating to airport hazard areas.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 241.002, Local Government Code, is
13	13	amended to read as follows:
14	14	Sec. 241.002. LEGISLATIVE FINDINGS. The legislature finds
15	15	that:
16	16	(1) an airport hazard endangers the lives and property
17	17	of users of the airport and of occupants of land in the vicinity of
18	18	the airport;
19	19	(2) an airport hazard that is an obstruction reduces
20	20	the size of the area available for the landing, taking off, and
21	21	maneuvering of aircraft, tending to destroy or impair the utility
22	22	of the airport and the public investment in the airport;
23	23	(3) an airport hazard that is an interference
24	24	negatively impacts the visual, radar, radio, navigation, or other
25	25	systems for tracking, acquiring data relating to, monitoring, or
26	26	controlling aircraft, tending to destroy or impair the utility of
27	27	the airport and the public investment in the airport;
28	28	(4) [(3)] the creation of an airport hazard is a
29	29	public nuisance and an injury to the community served by the airport
30	30	affected by the hazard;
31	31	(5) [(4)] it is necessary in the interest of the
32	32	public health, public safety, including flight safety, and general
33	33	welfare to prevent the creation of an airport hazard;
34	34	(6) [(5)] the creation of an airport hazard should be
35	35	prevented, to the extent legally possible, by the exercise of the
36	36	police power without compensation; and
37	37	(7) [(6)] the prevention of the creation of an airport
38	38	hazard and the elimination, the removal, the alteration, the
39	39	mitigation, or the marking and lighting of an airport hazard are
40	40	public purposes for which a political subdivision may raise and
41	41	spend public funds and acquire land, an air right or aviation
42	42	easement, or other interests in property [land].
43	43	SECTION 2. Sections 241.003(2) and (3), Local Government
44	44	Code, are amended to read as follows:
45	45	(2) "Airport hazard" means a structure or object of
46	46	natural growth that is more than 100 feet in height or any
47	47	electronic emission or visual effect that obstructs or limits, or
48	48	has the potential to obstruct or limit, the operation of aircraft
49	49	to, from, or in the vicinity of the airport, including anything
50	50	that:
51	51	(A) obstructs the air space required for the
52	52	taking off, landing, or maneuvering [and flight] of aircraft; or
53	53	(B) [that] interferes with visual, radar, radio,
54	54	navigation, or other systems for tracking, acquiring data relating
55	55	to, monitoring, or controlling aircraft.
56	56	(3) "Airport hazard area" means an area of land or
57	57	water located inside or outside airport boundaries on which an
58	58	airport hazard could exist.
59	59	SECTION 3. The heading to Section 241.013, Local Government
60	60	Code, is amended to read as follows:
61	61	Sec. 241.013. EXTRATERRITORIAL ZONING IN CERTAIN POLITICAL
62	62	SUBDIVISIONS [WITH POPULATION OF MORE THAN 45,000].
63	63	SECTION 4. Section 241.013, Local Government Code, is
64	64	amended by amending Subsection (a) and adding Subsections (a-1),
65	65	(a-2), (a-3), and (a-4) to read as follows:
66	66	(a) A political subdivision described by Subsection (a-2)
67	67	[with a population of more than 45,000] in which an airport used in
68	68	the interest of the public to the benefit of the political
69	69	subdivision is located may adopt, administer, and enforce:
70	70	(1) airport hazard area zoning regulations applicable
71	71	to an airport hazard area relating to the airport and located
72	72	outside the political subdivision; and
73	73	(2) airport compatible land use zoning regulations
74	74	applicable to a controlled compatible land use area relating to the
75	75	airport and located outside the political subdivision.
76	76	(a-1) For purposes of Subsection (a), an airport that is
77	77	located in the extraterritorial jurisdiction of a municipality
78	78	described by Subsection (a-2)(2) is located in the municipality.
79	79	(a-2) This section applies only to:
80	80	(1) a political subdivision that has a population of
81	81	more than 45,000; or
82	82	(2) a municipality located in a county that has a
83	83	population of more than 32,000 and less than 32,300 and that
84	84	includes wholly or partly within its boundaries or extraterritorial
85	85	jurisdiction an airport with a radar system owned and operated by
86	86	the federal government or a defense agency of the federal
87	87	government or the state.
88	88	(a-3) A municipality described by Subsection (a-2)(2) may
89	89	adopt, administer, or enforce an airport hazard area zoning
90	90	regulation under this section only in a county described by
91	91	Subsection (a-2)(2).
92	92	(a-4) If each airport with a radar system owned and operated
93	93	by the federal government or a defense agency of the federal
94	94	government or the state that is located wholly or partly within the
95	95	boundaries or extraterritorial jurisdiction of a municipality
96	96	described by Subsection (a-2)(2) converts to a satellite system,
97	97	this section no longer applies.
98	98	SECTION 5. Section 241.903(a), Local Government Code, is
99	99	amended to read as follows:
100	100	(a) A political subdivision may acquire from a person or
101	101	other political subdivision an air right, aviation easement, or
102	102	other estate or interest in property or in a nonconforming
103	103	structure or use if:
104	104	(1) the acquisition is necessary to accomplish the
105	105	purposes of this chapter;
106	106	(2) the property or nonconforming structure or use is
107	107	located within the political subdivision or located outside a
108	108	municipality described by Section 241.013(a-2)(2) and in an airport
109	109	hazard area subject to regulation by the municipality under Section
110	110	241.013, the political subdivision owns the airport, or the
111	111	political subdivision is served by the airport; and
112	112	(3)(A) the political subdivision desires to remove,
113	113	lower, or terminate the nonconforming structure or use;
114	114	(B) airport zoning regulations are not
115	115	sufficient to provide necessary approach protection because of
116	116	constitutional limitations; or
117	117	(C) the acquisition of a property right is more
118	118	advisable than an airport zoning regulation in providing necessary
119	119	approach protection.
120	120	SECTION 6. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2013.