86R22909 BEE-F
By: Darby H.B. No. 4262
A BILL TO BE ENTITLED
AN ACT
relating to liens on aircraft for certain charges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 70.301, Property Code, is amended by
adding Subsection (c) to read as follows:
(c) This section applies to the fueling of an aircraft
without regard to whether the fueling is performed within or
outside of this state or the United States. This subsection does
not apply to the fueling of an aircraft owned, leased, or operated
by or on behalf of an air carrier that is certificated to conduct
scheduled air transportation services under 14 C.F.R. Part 121.
SECTION 2. Subchapter D, Chapter 70, Property Code, is
amended by adding Section 70.3011 to read as follows:
Sec. 70.3011. PERSONS WHO MAY BIND AIRCRAFT. (a) This
section does not apply to an aircraft owned, leased, or operated by
or on behalf of an air carrier that is certificated to conduct
scheduled air transportation services under 14 C.F.R. Part 121.
(b) The following persons are presumed to be authorized by
the owner of an aircraft to incur charges that give rise to a lien on
the aircraft under this subchapter:
(1) the managing owner;
(2) the aircraft's lessee;
(3) the pilot, copilot, engineer, or first officer;
(4) the aircraft charter operator;
(5) the aircraft scheduler, fuel manager, or
dispatcher;
(6) the aircraft management company; and
(7) a person entrusted with possession of the aircraft
on arrival at a fixed-base operator.
(c) A person tortiously or unlawfully in possession or
charge of an aircraft may not bind the aircraft.
SECTION 3. (a) Section 70.301(c), Property Code, as added
by this Act, applies only to the fueling of an aircraft performed on
or after the effective date of this Act. The fueling of an aircraft
performed before the effective date of this Act is governed by the
law applicable to the fueling immediately before that date, and the
former law is continued in effect for that purpose.
(b) Section 70.3011, Property Code, as added by this Act,
applies only to a charge that is incurred on or after the effective
date of this Act. A charge that is incurred before the effective
date of this Act is governed by the law applicable to the charge
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.