1 | 1 | | S.B. No. 1716 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | AN ACT |
---|
5 | 5 | | relating to term limits for certain contracts regarding airports |
---|
6 | 6 | | and associated air navigation facilities operated by or on behalf |
---|
7 | 7 | | of a local government. |
---|
8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
9 | 9 | | SECTION 1. Section 22.020(a), Transportation Code, is |
---|
10 | 10 | | amended to read as follows: |
---|
11 | 11 | | (a) A local government, by contract, lease, or other |
---|
12 | 12 | | arrangement, on a consideration fixed by the local government and |
---|
13 | 13 | | for a term not to exceed 50 [40] years, may authorize a qualified |
---|
14 | 14 | | person to operate, as the agent of the local government or |
---|
15 | 15 | | otherwise, an airport owned or controlled by the local government. |
---|
16 | 16 | | SECTION 2. Sections 22.021(a) and (d), Transportation Code, |
---|
17 | 17 | | are amended to read as follows: |
---|
18 | 18 | | (a) In operating an airport or air navigation facility that |
---|
19 | 19 | | it owns, leases, or controls, a local government may enter into a |
---|
20 | 20 | | contract, lease, or other arrangement for a term not exceeding 50 |
---|
21 | 21 | | [40] years with a person: |
---|
22 | 22 | | (1) granting the privilege of using or improving the |
---|
23 | 23 | | airport or air navigation facility, a portion or facility of the |
---|
24 | 24 | | airport or air navigation facility, or space in the airport or air |
---|
25 | 25 | | navigation facility for commercial purposes; |
---|
26 | 26 | | (2) conferring the privilege of supplying goods, |
---|
27 | 27 | | services, or facilities at the airport or air navigation facility; |
---|
28 | 28 | | or |
---|
29 | 29 | | (3) making available services to be furnished by the |
---|
30 | 30 | | local government or its agents at the airport or air navigation |
---|
31 | 31 | | facility. |
---|
32 | 32 | | (d) The 50-year [40-year] limit on the term of a contract, |
---|
33 | 33 | | lease, or other arrangement provided by Subsection (a) does not |
---|
34 | 34 | | apply to a contract, lease, or other arrangement under this section |
---|
35 | 35 | | between a local government and this state, the United States, or an |
---|
36 | 36 | | agency or instrumentality of this state or the United States. |
---|
37 | 37 | | SECTION 3. Sections 22.022(a) and (b), Transportation Code, |
---|
38 | 38 | | are amended to read as follows: |
---|
39 | 39 | | (a) A lease of real property may not exceed 50 [40] years if: |
---|
40 | 40 | | (1) the lease is made under Section 22.011(c) or (d), |
---|
41 | 41 | | Section 22.020, or Section 22.021; and |
---|
42 | 42 | | (2) at the time of the execution of the lease, the |
---|
43 | 43 | | property is used as nonaeronautical property and is located on an |
---|
44 | 44 | | airport on which there are active federal governmental aircraft |
---|
45 | 45 | | operations on federal government property. |
---|
46 | 46 | | (b) A renewal or extension of a lease under Subsection (a) |
---|
47 | 47 | | may not exceed 50 [40] years. If the lease provides for more than |
---|
48 | 48 | | one renewal or extension, the renewals or extensions may not in the |
---|
49 | 49 | | aggregate exceed 50 [40] years. |
---|
50 | 50 | | SECTION 4. This Act takes effect September 1, 2023. |
---|
51 | 51 | | ______________________________ ______________________________ |
---|
52 | 52 | | President of the Senate Speaker of the House |
---|
53 | 53 | | I hereby certify that S.B. No. 1716 passed the Senate on |
---|
54 | 54 | | May 3, 2023, by the following vote: Yeas 30, Nays 1. |
---|
55 | 55 | | ______________________________ |
---|
56 | 56 | | Secretary of the Senate |
---|
57 | 57 | | I hereby certify that S.B. No. 1716 passed the House on |
---|
58 | 58 | | May 12, 2023, by the following vote: Yeas 134, Nays 6, |
---|
59 | 59 | | two present not voting. |
---|
60 | 60 | | ______________________________ |
---|
61 | 61 | | Chief Clerk of the House |
---|
62 | 62 | | Approved: |
---|
63 | 63 | | ______________________________ |
---|
64 | 64 | | Date |
---|
65 | 65 | | ______________________________ |
---|
66 | 66 | | Governor |
---|