Texas 2015 - 84th Regular

Texas House Bill HB1186 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Craddick (Senate Sponsor - Seliger) H.B. No. 1186
2		-	(In the Senate - Received from the House April 13, 2015;
3		-	April 21, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 18, 2015, reported favorably by
5		-	the following vote: Yeas 4, Nays 0; May 18, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1186
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the validation of certain actions relating to municipal
12	6		airport zoning regulations.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. In this Act, "airport zoning regulation" has the
15	9		meaning assigned by Section 241.003, Local Government Code.
16	10		SECTION 2. The legislature finds that a municipality's
17	11		adoption of airport zoning regulations:
18	12		(1) is a governmental function;
19	13		(2) serves a public purpose and benefit;
20	14		(3) is reasonably taken to fulfill an obligation
21	15		mandated by federal or state law; and
22	16		(4) is taken out of a reasonable good-faith belief
23	17		that the action is necessary to prevent a grave and immediate threat
24	18		to life or property.
25	19		SECTION 3. This Act applies only to an action taken with
26	20		respect to a municipally owned and operated international airport
27	21		that has obtained the appropriate Federal Aviation Administration
28	22		license or other authorization necessary to operate a spaceport,
29	23		launch site, or commercial space launch site.
30	24		SECTION 4. (a) All governmental and proprietary actions
31	25		and proceedings of a municipality, the municipality's planning and
32	26		zoning commission, the municipality's airport zoning commission,
33	27		and the municipality's board of adjustment designated or appointed
34	28		under Chapter 241, Local Government Code, taken before the
35	29		effective date of this Act relating to the adoption or enforcement
36	30		of airport zoning regulations under Chapter 241, Local Government
37	31		Code, in the municipality or the municipality's extraterritorial
38	32		jurisdiction, are validated, ratified, and confirmed in all
39	33		respects as of the dates on which they occurred. All required
40	34		notices are considered to have been given and are validated,
41	35		ratified, and confirmed in all respects.
42	36		(b) This section does not apply to any matter that on the
43	37		effective date of this Act:
44	38		(1) is involved in litigation if the litigation
45	39		ultimately results in the matter being held invalid by a final court
46	40		judgment; or
47	41		(2) has been held invalid by a final court judgment.
48	42		SECTION 5. This Act takes effect immediately if it receives
49	43		a vote of two-thirds of all the members elected to each house, as
50	44		provided by Section 39, Article III, Texas Constitution. If this
51	45		Act does not receive the vote necessary for immediate effect, this
52	46		Act takes effect September 1, 2015.
53		-	* * * * *
	47	+	______________________________ ______________________________
	48	+	President of the Senate Speaker of the House
	49	+	I certify that H.B. No. 1186 was passed by the House on April
	50	+	9, 2015, by the following vote: Yeas 141, Nays 2, 2 present, not
	51	+	voting.
	52	+	______________________________
	53	+	Chief Clerk of the House
	54	+	I certify that H.B. No. 1186 was passed by the Senate on May
	55	+	22, 2015, by the following vote: Yeas 31, Nays 0.
	56	+	______________________________
	57	+	Secretary of the Senate
	58	+	APPROVED: _____________________
	59	+	Date
	60	+	_____________________
	61	+	Governor