TX
Texas House Bill HB1739

Texas 2021 - 87th Regular

Texas House Bill HB1739 Compare Versions

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11 By: Romero, Jr., Leman, Patterson H.B. No. 1739
2- (Senate Sponsor - Creighton)
3- (In the Senate - Received from the House May 5, 2021;
4- May 10, 2021, read first time and referred to Committee on
5- Transportation; May 19, 2021, reported adversely, with favorable
6- Committee Substitute by the following vote: Yeas 8, Nays 0;
7- May 19, 2021, sent to printer.)
8-Click here to see the committee vote
9- COMMITTEE SUBSTITUTE FOR H.B. No. 1739 By: Kolkhorst
102
113
124 A BILL TO BE ENTITLED
135 AN ACT
14- relating to certain contracts regarding airports operated by or on
15- behalf of a local government.
6+ relating to certain contracts regarding airports and associated air
7+ navigation facilities operated by or on behalf of a local
8+ government.
169 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1710 SECTION 1. Section 22.019, Transportation Code, is amended
1811 to read as follows:
1912 Sec. 22.019. CONTRACTS. Except as provided by Section
2013 22.0191, a [A] local government may enter into a contract necessary
2114 to the execution of a power granted the local government and for a
2215 purpose provided by this chapter.
2316 SECTION 2. Subchapter B, Chapter 22, Transportation Code,
2417 is amended by adding Section 22.0191 to read as follows:
25- Sec. 22.0191. CERTAIN AIRPORT INFRASTRUCTURE OR EQUIPMENT
26- CONTRACTS. (a) This section applies only to an airport
27- infrastructure or equipment contract for the procurement of a
28- passenger boarding bridge at an airport.
18+ Sec. 22.0191. AIRPORT INFRASTRUCTURE OR EQUIPMENT
19+ CONTRACTS. (a) In this section, "airport infrastructure or
20+ equipment contract" means a contract for the acquisition,
21+ construction, improvement, or renovation of airport infrastructure
22+ or equipment, including a terminal, security system, or passenger
23+ boarding bridge, used at an airport or an air navigation facility
24+ associated with an airport.
2925 (b) A local government or a person operating an airport on
3026 behalf of a local government may not enter into an airport
3127 infrastructure or equipment contract with:
3228 (1) an entity that:
3329 (A) a federal court determines has
3430 misappropriated intellectual property or trade secrets from
35- another entity organized under the laws of:
36- (i) the United States;
37- (ii) this state or another state; or
38- (iii) a political subdivision of this state
39- or another state; and
31+ another entity organized under federal, state, or local law; and
4032 (B) is owned wholly or partly by, is controlled
41- by, or receives subsidies from the government of China; or
33+ by, or receives subsidies from the government of a country that:
34+ (i) is identified under Section 182, Trade
35+ Act of 1974 (19 U.S.C. Section 2242), as a priority foreign country;
36+ or
37+ (ii) is subject to monitoring by the Office
38+ of the United States Trade Representative in accordance with
39+ Section 306, Trade Act of 1974 (19 U.S.C. Section 2416); or
4240 (2) any entity that owns, controls, is owned or
4341 controlled by, is under common ownership with, or is a successor to
4442 an entity described by Subdivision (1).
45- (c) An airport infrastructure or equipment contract entered
46- into by a local government or a person operating an airport on
47- behalf of a local government must contain a written statement by the
48- entity with which the local government or person is contracting
49- verifying that the entity is not an entity described by Subsection
50- (b)(1) or (2).
43+ (c) An airport infrastructure or equipment contract for
44+ goods or services entered into by a local government or a person
45+ operating an airport on behalf of a local government must contain a
46+ written statement by the entity with which the local government or
47+ person is contracting verifying that the entity is not an entity
48+ described by Subsection (b)(1) or (2).
5149 (d) If the written statement required in an airport
5250 infrastructure or equipment contract under Subsection (c) is found
5351 to be false, the contract is voidable by the local government or
5452 person operating the airport.
55- SECTION 3. Section 22.0191, Transportation Code, as added
53+ SECTION 3. Section 22.020(a), Transportation Code, is
54+ amended to read as follows:
55+ (a) A local government, by contract, lease, or other
56+ arrangement, on a consideration fixed by the local government and
57+ for a term not to exceed 99 [40] years, may authorize a qualified
58+ person to operate, as the agent of the local government or
59+ otherwise, an airport owned or controlled by the local government.
60+ SECTION 4. Sections 22.021(a) and (d), Transportation Code,
61+ are amended to read as follows:
62+ (a) In operating an airport or air navigation facility that
63+ it owns, leases, or controls, a local government may enter into a
64+ contract, lease, or other arrangement for a term not exceeding 99
65+ [40] years with a person:
66+ (1) granting the privilege of using or improving the
67+ airport or air navigation facility, a portion or facility of the
68+ airport or air navigation facility, or space in the airport or air
69+ navigation facility for commercial purposes;
70+ (2) conferring the privilege of supplying goods,
71+ services, or facilities at the airport or air navigation facility;
72+ or
73+ (3) making available services to be furnished by the
74+ local government or its agents at the airport or air navigation
75+ facility.
76+ (d) The 99-year [40-year] limit on the term of a contract,
77+ lease, or other arrangement provided by Subsection (a) does not
78+ apply to a contract, lease, or other arrangement under this section
79+ between a local government and this state, the United States, or an
80+ agency or instrumentality of this state or the United States.
81+ SECTION 5. Sections 22.022(a) and (b), Transportation Code,
82+ are amended to read as follows:
83+ (a) A lease of real property may not exceed 99 [40] years if:
84+ (1) the lease is made under Section 22.011(c) or (d),
85+ Section 22.020, or Section 22.021; and
86+ (2) at the time of the execution of the lease, the
87+ property is used as nonaeronautical property and is located on an
88+ airport on which there are active federal governmental aircraft
89+ operations on federal government property.
90+ (b) A renewal or extension of a lease under Subsection (a)
91+ may not exceed 99 [40] years. If the lease provides for more than
92+ one renewal or extension, the renewals or extensions may not in the
93+ aggregate exceed 99 [40] years.
94+ SECTION 6. Section 22.0191, Transportation Code, as added
5695 by this Act, applies only to an airport infrastructure or equipment
5796 contract entered into, modified, or renewed on or after the
5897 effective date of this Act.
59- SECTION 4. This Act takes effect immediately if it receives
98+ SECTION 7. This Act takes effect immediately if it receives
6099 a vote of two-thirds of all the members elected to each house, as
61100 provided by Section 39, Article III, Texas Constitution. If this
62101 Act does not receive the vote necessary for immediate effect, this
63102 Act takes effect September 1, 2021.
64- * * * * *