| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to liens on aircraft for certain charges. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Section 70.301, Property Code, is amended by |
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| 10 | 12 | | adding Subsection (c) to read as follows: |
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| 11 | 13 | | (c) This section applies to the fueling of an aircraft |
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| 12 | 14 | | without regard to whether the fueling is performed within or |
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| 13 | 15 | | outside of this state or the United States. This subsection does |
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| 14 | 16 | | not apply to the fueling of an aircraft owned, leased, or operated |
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| 15 | 17 | | by or on behalf of an air carrier that is certificated to conduct |
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| 16 | 18 | | scheduled air transportation services under 14 C.F.R. Part 121. |
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| 17 | 19 | | SECTION 2. Subchapter D, Chapter 70, Property Code, is |
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| 18 | 20 | | amended by adding Section 70.3011 to read as follows: |
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| 19 | 21 | | Sec. 70.3011. PERSONS WHO MAY BIND AIRCRAFT. (a) This |
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| 20 | 22 | | section does not apply to an aircraft owned, leased, or operated by |
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| 21 | 23 | | or on behalf of an air carrier that is certificated to conduct |
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| 22 | 24 | | scheduled air transportation services under 14 C.F.R. Part 121. |
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| 23 | 25 | | (b) The following persons are presumed to be authorized by |
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| 24 | 26 | | the owner of an aircraft to incur charges that give rise to a lien on |
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| 25 | 27 | | the aircraft under this subchapter: |
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| 26 | 28 | | (1) the managing owner; |
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| 27 | 29 | | (2) the aircraft's lessee; |
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| 28 | 30 | | (3) the pilot, copilot, engineer, or first officer; |
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| 29 | 31 | | (4) the aircraft charter operator; |
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| 30 | 32 | | (5) the aircraft scheduler, fuel manager, or |
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| 31 | 33 | | dispatcher; |
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| 32 | 34 | | (6) the aircraft management company; and |
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| 33 | 35 | | (7) a person entrusted with possession of the aircraft |
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| 34 | 36 | | on arrival at a fixed-base operator. |
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| 35 | 37 | | (c) A person tortiously or unlawfully in possession or |
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| 36 | 38 | | charge of an aircraft may not bind the aircraft. |
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| 37 | 39 | | SECTION 3. (a) Section 70.301(c), Property Code, as added |
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| 38 | 40 | | by this Act, applies only to the fueling of an aircraft performed on |
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| 39 | 41 | | or after the effective date of this Act. The fueling of an aircraft |
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| 40 | 42 | | performed before the effective date of this Act is governed by the |
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| 41 | 43 | | law applicable to the fueling immediately before that date, and the |
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| 42 | 44 | | former law is continued in effect for that purpose. |
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| 43 | 45 | | (b) Section 70.3011, Property Code, as added by this Act, |
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| 44 | 46 | | applies only to a charge that is incurred on or after the effective |
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| 45 | 47 | | date of this Act. A charge that is incurred before the effective |
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| 46 | 48 | | date of this Act is governed by the law applicable to the charge |
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| 47 | 49 | | immediately before that date, and the former law is continued in |
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| 48 | 50 | | effect for that purpose. |
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| 49 | 51 | | SECTION 4. This Act takes effect September 1, 2019. |
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