Texas 2017 - 85th Regular

Texas House Bill HB3951 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11907 JRR-D
2	2	By: Gonzales of Williamson H.B. No. 3951
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the functions of the Texas Department of Transportation
8	8	relating to aircraft owned or leased by the state; authorizing an
9	9	increase in rates charged for the use of state aircraft to provide
10	10	for the acquisition of replacement aircraft.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 2167.001(a), Government Code, is amended
13	13	to read as follows:
14	14	(a) This chapter applies to:
15	15	(1) office space;
16	16	(2) warehouse space;
17	17	(3) laboratory space;
18	18	(4) storage space exceeding 1,000 gross square feet;
19	19	(5) boat storage space;
20	20	(6) aircraft hangar space other than hangar space and
21	21	adjacent space leased by the Texas Department of Transportation
22	22	[State Aircraft Pooling Board] at Austin-Bergstrom International
23	23	Airport and operated for the purpose of providing air
24	24	transportation services for the State of Texas;
25	25	(7) vehicle parking space; and
26	26	(8) a combination of those kinds of space.
27	27	SECTION 2. Section 2175.191(c), Government Code, is amended
28	28	to read as follows:
29	29	(c) Proceeds from the sale of surplus and salvage property
30	30	of the Texas Department of Transportation relating to the
31	31	department's duties under Chapter 2205 [State Aircraft Pooling
32	32	Board] shall be deposited to the credit of the department [board].
33	33	SECTION 3. The heading to Subchapter A, Chapter 2205,
34	34	Government Code, is amended to read as follows:
35	35	SUBCHAPTER A. [STATE AIRCRAFT POOLING BOARD;] GENERAL PROVISIONS
36	36	SECTION 4. Section 2205.002(1), Government Code, is amended
37	37	to read as follows:
38	38	(1) "Department [Board]" means the Texas Department of
39	39	Transportation [State Aircraft Pooling Board].
40	40	SECTION 5. Section 2205.012, Government Code, is amended to
41	41	read as follows:
42	42	Sec. 2205.012. STAFF. [(a)] The department [board] may
43	43	employ and compensate staff as provided by legislative
44	44	appropriation or may use staff provided by the comptroller or the
45	45	state auditor's office.
46	46	[(b) The board shall develop and implement policies that
47	47	clearly define the respective responsibilities of the board and the
48	48	staff the board uses.]
49	49	SECTION 6. Section 2205.032, Government Code, is amended to
50	50	read as follows:
51	51	Sec. 2205.032. CUSTODY, CONTROL, OPERATION, AND
52	52	MAINTENANCE. (a) The department [board] shall operate a pool for
53	53	the custody, control, operation, and maintenance of all aircraft
54	54	owned or leased by the state.
55	55	(b) The department [board] may purchase aircraft with funds
56	56	appropriated for that purpose.
57	57	(c) As part of the strategic plan that the department
58	58	[board] develops and submits under Chapter 2056, the department
59	59	[board] shall develop a long-range plan for its pool of aircraft.
60	60	The department [board] shall include [appropriate portions of] the
61	61	long-range plan in the department's [its] legislative
62	62	appropriations request if the department identifies the need for
63	63	additional appropriations and the additional appropriations are
64	64	related to the department's duties under this chapter. The
65	65	long-range plan must include:
66	66	(1) estimates of future aircraft replacement needs and
67	67	other fleet management needs, including:
68	68	(A) any projected need to increase or decrease
69	69	the number of aircraft in the pool;
70	70	(B) estimates of the remaining useful life for
71	71	each aircraft in the pool; and
72	72	(C) a proposed schedule for replacing aircraft in
73	73	the pool;
74	74	(2) a range of alternatives and scenarios for the
75	75	number and types of aircraft in the pool;
76	76	(3) an analysis of current usage of aircraft in the
77	77	pool, including customer base and documented rationale for use;
78	78	(4) the status of maintenance time and costs and
79	79	projected future trends regarding maintenance time and costs;
80	80	(5) any documented high-risk mechanical issues with
81	81	aircraft in the pool;
82	82	(6) an analysis of the costs and benefits of different
83	83	methods for meeting air transportation currently provided by the
84	84	department under Section 2205.036, including:
85	85	(A) the potential use of statewide contracts for
86	86	private charter aircraft services;
87	87	(B) increased reliance on commercial carriers
88	88	for routine travel;
89	89	(C) decreasing the number of aircraft in the pool
90	90	and increasing the use of contracted flight services; and
91	91	(D) any other method the department considers
92	92	feasible; and
93	93	(7) an analysis of the impact of including capital
94	94	recovery costs in the rates the department charges under Section
95	95	2205.040 that, at a minimum, includes the impact of those included
96	96	costs on customer utilization and the department's schedule for
97	97	replacing aircraft in the pool.
98	98	(d) In developing the long-range plan, the department
99	99	[board] shall consider at a minimum for each aircraft in the pool:
100	100	(1) how much the aircraft is used and the purposes for
101	101	which the aircraft [it] is used;
102	102	(2) the cost of operating the aircraft and the revenue
103	103	generated by the aircraft; and
104	104	(3) the demand for the aircraft or for that type of
105	105	aircraft.
106	106	(e) The department shall update the long-range plan
107	107	annually and make the plan available on the department's Internet
108	108	website.
109	109	SECTION 7. Section 2205.034, Government Code, is amended to
110	110	read as follows:
111	111	Sec. 2205.034. FACILITIES. (a) The department [board] may
112	112	acquire appropriate facilities for the accommodation of all
113	113	aircraft owned or leased by the state. The facilities may be
114	114	purchased or leased as determined by the department [board] to be
115	115	most economical for the state and as provided by legislative
116	116	appropriations. The facilities may include adequate hangar space,
117	117	an indoor passenger waiting area, a flight-planning area,
118	118	communications facilities, and other related and necessary
119	119	facilities.
120	120	(b) A state agency that operates an aircraft may not use a
121	121	facility in Austin other than a facility operated by the department
122	122	[board] for the storage, parking, fueling, or maintenance of the
123	123	aircraft, whether or not the aircraft is based in Austin. In a
124	124	situation the department [board] determines to be an emergency, the
125	125	department [board] may authorize a state agency to use a facility in
126	126	Austin other than a department [board] facility for the storage,
127	127	parking, fueling, or maintenance of an aircraft.
128	128	SECTION 8. Section 2205.035, Government Code, is amended to
129	129	read as follows:
130	130	Sec. 2205.035. AIRCRAFT LEASES. (a) The department
131	131	[board] by interagency contract may lease state-owned aircraft to a
132	132	state agency.
133	133	(b) A state agency that is the prior owner or lessee of an
134	134	aircraft has the first option to lease that aircraft from the
135	135	department [board].
136	136	(c) The lease may provide for operation or maintenance by
137	137	the department [board] or the state agency.
138	138	(d) A state agency may not expend appropriated funds for the
139	139	lease of an aircraft unless the department [board] executes the
140	140	lease or approves the lease [by board order].
141	141	(e) A state agency may not use money appropriated by the
142	142	legislature to rent or lease aircraft except from the department
143	143	[board] or as provided by Subsection (f). For purposes of this
144	144	subsection and Subsection (f), payments of mileage reimbursements
145	145	provided for by the General Appropriations Act are not rentals or
146	146	leases of aircraft.
147	147	(f) If the department [board] determines that no
148	148	state-owned aircraft is available to meet a transportation need
149	149	that has arisen or that a rental or lease of aircraft would reduce
150	150	the state's transportation costs, the department [board] shall
151	151	authorize a state agency to expend funds for the rental or lease of
152	152	aircraft, which may include a helicopter.
153	153	SECTION 9. Section 2205.036, Government Code, is amended to
154	154	read as follows:
155	155	Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The
156	156	department [board] shall provide aircraft transportation, to the
157	157	extent that its aircraft are available, to:
158	158	(1) state officers and employees who are traveling on
159	159	official business according to the coordinated passenger
160	160	scheduling system and the priority scheduling system developed as
161	161	part of the aircraft operations manual under Section 2205.038;
162	162	(2) persons in the care or custody of state officers or
163	163	employees described by Subdivision (1); and
164	164	(3) persons whose transportation furthers official
165	165	state business.
166	166	(b) The department [board] may not provide aircraft
167	167	transportation to a passenger if the passenger is to be transported
168	168	to or from a place where the passenger:
169	169	(1) will make or has made a speech not related to
170	170	official state business;
171	171	(2) will attend or has attended an event sponsored by a
172	172	political party;
173	173	(3) will perform a service or has performed a service
174	174	for which the passenger is to receive an honorarium, unless the
175	175	passenger reimburses the department [board] for the cost of
176	176	transportation;
177	177	(4) will attend or has attended an event at which money
178	178	is raised for private or political purposes; or
179	179	(5) will attend or has attended an event at which an
180	180	audience was charged an admission fee to see or hear the passenger.
181	181	(c) The department [board] may not provide aircraft
182	182	transportation to a destination unless:
183	183	(1) the destination is not served by a commercial
184	184	carrier;
185	185	(2) the aircraft transportation is the most
186	186	cost-effective travel arrangement in accordance with Section
187	187	660.007(a) [time required to use a commercial carrier interferes
188	188	with passenger obligations]; [or]
189	189	(3) the number of passengers traveling makes the use
190	190	of a state aircraft cost-effective; or
191	191	(4) emergency circumstances necessitate the use of a
192	192	state aircraft.
193	193	(d) Before the executive director of the department or the
194	194	director's designee may authorize a person to use a state-operated
195	195	aircraft, the person must sign an affidavit stating that the person
196	196	is traveling on official state business. On filing of the
197	197	affidavit, the person may be authorized to use state-operated
198	198	aircraft for official state business for a period of one year. A
199	199	member of the legislature is not required to receive any other
200	200	additional authorization to use a state-operated aircraft.
201	201	(e) Before the executive director of the department or the
202	202	director's designee may authorize an employee of a state agency to
203	203	use a state-operated aircraft, the administrative head of the state
204	204	agency must certify that the employee's transportation complies
205	205	with the requirements of this section.
206	206	SECTION 10. Section 2205.038, Government Code, is amended
207	207	to read as follows:
208	208	Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The
209	209	department [board] shall:
210	210	(1) prepare a manual that establishes minimum
211	211	standards for the operation of aircraft by state agencies; and
212	212	(2) adopt procedures for the distribution of the
213	213	manual to state agencies.
214	214	(b) The manual must include provisions for:
215	215	(1) pilot certification standards, including medical
216	216	requirements for pilots;
217	217	(2) recurring training programs for pilots;
218	218	(3) general operating and flight rules;
219	219	(4) coordinated passenger scheduling; and
220	220	(5) other issues the department [board] determines are
221	221	necessary to ensure the efficient and safe operation of aircraft by
222	222	a state agency.
223	223	(c) The department [board] shall confer with and solicit the
224	224	written advice of state agencies the department [board] determines
225	225	are principal users of aircraft operated by the department [board]
226	226	and, to the extent practicable, incorporate that advice in the
227	227	development of the manual and subsequent changes to the manual.
228	228	(d) The department [board] shall give an officer normally
229	229	elected by statewide election priority in the scheduling of
230	230	aircraft. The department [board] by rule may require a 12-hour
231	231	notice by the officer to obtain the priority in scheduling.
232	232	SECTION 11. Section 2205.039, Government Code, is amended
233	233	to read as follows:
234	234	Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget
235	235	Board, in cooperation with the department [board], shall prescribe:
236	236	(1) a travel log form for gathering information about
237	237	the use of state-operated aircraft;
238	238	(2) procedures to ensure that individuals who travel
239	239	as passengers on or operate state-operated aircraft provide in a
240	240	legible manner the information requested of them by the form; and
241	241	(3) procedures for each state agency that operates an
242	242	aircraft for sending the form to the department [board] and the
243	243	Legislative Budget Board.
244	244	(b) The travel log form must request the following
245	245	information about a state-operated aircraft each time the aircraft
246	246	is flown:
247	247	(1) a mission statement, which may appear as a
248	248	selection to be identified from general categories appearing on the
249	249	form;
250	250	(2) the name, state agency represented, destination,
251	251	and signature of each person who is a passenger or crew member of
252	252	the aircraft;
253	253	(3) the date of each flight;
254	254	(4) a detailed and specific description of the
255	255	official business purpose of each flight; and
256	256	(5) other information determined by the Legislative
257	257	Budget Board and the department [board] to be necessary to monitor
258	258	the proper use of the aircraft.
259	259	(c) A state agency other than the department [Texas
260	260	Department of Transportation] shall send the agency's travel logs
261	261	to the department on an annual basis. An agency is not required to
262	262	file a travel log with the department if the agency did not operate
263	263	an aircraft during the period covered by the travel log.
264	264	SECTION 12. Section 2205.040, Government Code, is amended
265	265	to read as follows:
266	266	Sec. 2205.040. RATES AND BILLING PROCEDURES; ACCOUNT FOR
267	267	CAPITAL REPLACEMENT COSTS. (a) Subject to Subsection (b), the
268	268	department [The board] shall adopt rates for interagency aircraft
269	269	services that are sufficient to recover, in the aggregate and to the
270	270	extent possible, all direct costs for the services provided,
271	271	including a state agency's pro rata share of major maintenance,
272	272	overhauls of equipment and facilities, and pilots' salaries.
273	273	(b) If the department's most recent long-term plan contains
274	274	an analysis under Section 2205.032(c)(7) that finds that including
275	275	capital recovery costs in the rates the department charges under
276	276	this section is a practicable fleet replacement strategy, the
277	277	department may adopt rates for interagency aircraft services
278	278	provided by the department that are sufficient to recover, in the
279	279	aggregate and to the extent possible:
280	280	(1) all direct costs for services provided, as
281	281	provided by Subsection (a); and
282	282	(2) the capital costs of replacing aircraft in the
283	283	pool.
284	284	(c) The Legislative Budget Board, in cooperation with the
285	285	department [board] and the state auditor, shall prescribe a billing
286	286	procedure for passenger travel on state-operated aircraft.
287	287	(d) If the department adopts rates under Subsection (b), the
288	288	portion of the rates collected for the capital costs of replacing
289	289	aircraft in the pool shall be deposited in a separate account in the
290	290	state highway fund. Money in the account may be used only for the
291	291	acquisition of aircraft for the pool operated by the department
292	292	under Section 2205.032.
293	293	SECTION 13. Section 2205.041, Government Code, is amended
294	294	to read as follows:
295	295	Sec. 2205.041. AIRCRAFT USE FORM. (a) The department
296	296	[Texas Department of Transportation] shall prescribe:
297	297	(1) an annual aircraft use form for gathering
298	298	information about the use of state-operated aircraft, including the
299	299	extent to which and the methods by which the goal provided by
300	300	Section 2205.031(b) is being met; and
301	301	(2) procedures for each state agency that operates an
302	302	aircraft for sending the form to the department.
303	303	(b) The aircraft use form must request the following
304	304	information about each aircraft a state agency operates:
305	305	(1) a description of the aircraft;
306	306	(2) the date purchased or leased and the purchase
307	307	price or lease cost;
308	308	(3) the number of annual hours flown;
309	309	(4) the annual operating costs;
310	310	(5) the number of flights and the destinations;
311	311	(6) the travel logs prepared under Section 2205.039;
312	312	and
313	313	(7) any other information the department [Texas
314	314	Department of Transportation] requires to document the proper or
315	315	cost-efficient use of the aircraft.
316	316	SECTION 14. Section 2205.042, Government Code, is amended
317	317	to read as follows:
318	318	Sec. 2205.042. PILOTS. An individual who is not a pilot
319	319	employed by the department [board] may not operate a state-operated
320	320	aircraft unless the department [board] grants the individual a
321	321	specific exemption from that requirement.
322	322	SECTION 15. Section 2205.043(b), Government Code, is
323	323	amended to read as follows:
324	324	(b) The department [board] shall adopt rules, consistent
325	325	with federal regulations and Section 3101.001, governing the color,
326	326	size, and location of marks of identification required by this
327	327	section.
328	328	SECTION 16. Section 2205.044, Government Code, is amended
329	329	to read as follows:
330	330	Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The
331	331	department [board] may contract with a state or federal
332	332	governmental agency or a political subdivision to provide aircraft
333	333	fuel or to provide aircraft maintenance services.
334	334	SECTION 17. Section 2205.045(a), Government Code, is
335	335	amended to read as follows:
336	336	(a) The department [board] may purchase insurance to
337	337	protect the department [board] from loss caused by damage, loss,
338	338	theft, or destruction of aircraft owned or leased by the state and
339	339	shall purchase liability insurance to protect the officers and
340	340	employees of each state agency from loss arising from the operation
341	341	of state-owned aircraft.
342	342	SECTION 18. Section 2205.046, Government Code, is amended
343	343	to read as follows:
344	344	Sec. 2205.046. AIRCRAFT FOR FLIGHT TRAINING PROGRAMS. (a)
345	345	The department [board] may transfer aircraft to a public technical
346	346	institute or other public postsecondary educational institution
347	347	for use in the institution's flight training program. Except as
348	348	provided by this section, the department [board] has no
349	349	responsibility for continued maintenance of aircraft transferred
350	350	under this section.
351	351	(b) As a condition to the transfer of the aircraft, the
352	352	institution must certify in writing to the department [board] that
353	353	the institution will accept full responsibility for maintenance of
354	354	the aircraft and that it will be properly maintained while in the
355	355	custody and control of the institution. The department [board] is
356	356	entitled to inspect the aircraft without notice for the purpose of
357	357	ensuring [insuring] that the aircraft is [are] properly maintained.
358	358	(c) The department [board] may immediately reassume custody
359	359	and control of a transferred aircraft on a finding by the department
360	360	[board] that:
361	361	(1) the aircraft is not being properly maintained;
362	362	(2) the aircraft is being used for a purpose other than
363	363	flight training; or
364	364	(3) the institution has discontinued its flight
365	365	training program.
366	366	SECTION 19. Section 2205.047, Government Code, is amended
367	367	to read as follows:
368	368	Sec. 2205.047. INFORMATION POSTED ON THE INTERNET. The
369	369	department [board] shall post information related to travel and
370	370	other services provided by the department [board] on an Internet
371	371	website [site] maintained by or for the department [board]. The
372	372	site must be generally accessible to state agencies, persons who
373	373	use the department's [board's] services, and, to the extent
374	374	appropriate, the general public.
375	375	SECTION 20. Section 21.069(a), Transportation Code, is
376	376	amended to read as follows:
377	377	(a) The department[, in consultation with the State
378	378	Aircraft Pooling Board,] shall establish a state airport in Central
379	379	Texas that is open to the general public.
380	380	SECTION 21. Sections 2205.003, 2205.004, 2205.005,
381	381	2205.006, 2205.007, 2205.008, 2205.009, 2205.010, 2205.011,
382	382	2205.013, 2205.014, 2205.015, and 2205.017, Government Code, are
383	383	repealed.
384	384	SECTION 22. Not later than September 1, 2018, the Texas
385	385	Department of Transportation shall adopt the first long-range plan
386	386	containing the information required by Section 2205.032(c),
387	387	Government Code, as amended by this Act.
388	388	SECTION 23. This Act takes effect September 1, 2017.