| 1 | 1 | | 88R21797 MZM-F |
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| 2 | 2 | | By: Gerdes H.B. No. 4255 |
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| 3 | 3 | | Substitute the following for H.B. No. 4255: |
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| 4 | 4 | | By: Canales C.S.H.B. No. 4255 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to term limits for certain contracts regarding airports |
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| 10 | 10 | | and associated air navigation facilities operated by or on behalf |
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| 11 | 11 | | of a local government. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 22.020(a), Transportation Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (a) A local government, by contract, lease, or other |
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| 16 | 16 | | arrangement, on a consideration fixed by the local government and |
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| 17 | 17 | | for a term not to exceed 50 [40] years, may authorize a qualified |
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| 18 | 18 | | person to operate, as the agent of the local government or |
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| 19 | 19 | | otherwise, an airport owned or controlled by the local government. |
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| 20 | 20 | | SECTION 2. Sections 22.021(a) and (d), Transportation Code, |
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| 21 | 21 | | are amended to read as follows: |
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| 22 | 22 | | (a) In operating an airport or air navigation facility that |
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| 23 | 23 | | it owns, leases, or controls, a local government may enter into a |
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| 24 | 24 | | contract, lease, or other arrangement for a term not exceeding 50 |
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| 25 | 25 | | [40] years with a person: |
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| 26 | 26 | | (1) granting the privilege of using or improving the |
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| 27 | 27 | | airport or air navigation facility, a portion or facility of the |
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| 28 | 28 | | airport or air navigation facility, or space in the airport or air |
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| 29 | 29 | | navigation facility for commercial purposes; |
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| 30 | 30 | | (2) conferring the privilege of supplying goods, |
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| 31 | 31 | | services, or facilities at the airport or air navigation facility; |
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| 32 | 32 | | or |
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| 33 | 33 | | (3) making available services to be furnished by the |
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| 34 | 34 | | local government or its agents at the airport or air navigation |
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| 35 | 35 | | facility. |
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| 36 | 36 | | (d) The 50-year [40-year] limit on the term of a contract, |
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| 37 | 37 | | lease, or other arrangement provided by Subsection (a) does not |
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| 38 | 38 | | apply to a contract, lease, or other arrangement under this section |
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| 39 | 39 | | between a local government and this state, the United States, or an |
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| 40 | 40 | | agency or instrumentality of this state or the United States. |
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| 41 | 41 | | SECTION 3. Sections 22.022(a) and (b), Transportation Code, |
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| 42 | 42 | | are amended to read as follows: |
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| 43 | 43 | | (a) A lease of real property may not exceed 50 [40] years if: |
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| 44 | 44 | | (1) the lease is made under Section 22.011(c) or (d), |
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| 45 | 45 | | Section 22.020, or Section 22.021; and |
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| 46 | 46 | | (2) at the time of the execution of the lease, the |
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| 47 | 47 | | property is used as nonaeronautical property and is located on an |
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| 48 | 48 | | airport on which there are active federal governmental aircraft |
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| 49 | 49 | | operations on federal government property. |
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| 50 | 50 | | (b) A renewal or extension of a lease under Subsection (a) |
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| 51 | 51 | | may not exceed 50 [40] years. If the lease provides for more than |
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| 52 | 52 | | one renewal or extension, the renewals or extensions may not in the |
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| 53 | 53 | | aggregate exceed 50 [40] years. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2023. |
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