By: Craddick (Senate Sponsor - Seliger) H.B. No. 1186
(In the Senate - Received from the House April 13, 2015;
April 21, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 18, 2015, reported favorably by
the following vote: Yeas 4, Nays 0; May 18, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the validation of certain actions relating to municipal
airport zoning regulations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. In this Act, "airport zoning regulation" has the
meaning assigned by Section 241.003, Local Government Code.
SECTION 2. The legislature finds that a municipality's
adoption of airport zoning regulations:
(1) is a governmental function;
(2) serves a public purpose and benefit;
(3) is reasonably taken to fulfill an obligation
mandated by federal or state law; and
(4) is taken out of a reasonable good-faith belief
that the action is necessary to prevent a grave and immediate threat
to life or property.
SECTION 3. This Act applies only to an action taken with
respect to a municipally owned and operated international airport
that has obtained the appropriate Federal Aviation Administration
license or other authorization necessary to operate a spaceport,
launch site, or commercial space launch site.
SECTION 4. (a) All governmental and proprietary actions
and proceedings of a municipality, the municipality's planning and
zoning commission, the municipality's airport zoning commission,
and the municipality's board of adjustment designated or appointed
under Chapter 241, Local Government Code, taken before the
effective date of this Act relating to the adoption or enforcement
of airport zoning regulations under Chapter 241, Local Government
Code, in the municipality or the municipality's extraterritorial
jurisdiction, are validated, ratified, and confirmed in all
respects as of the dates on which they occurred. All required
notices are considered to have been given and are validated,
ratified, and confirmed in all respects.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 5. 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, 2015.
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