| 1 | 1 | | 88R9977 LHC/JAM-D |
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| 2 | 2 | | By: Schwertner S.B. No. 1783 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to airports. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 23.96(d), Tax Code, is amended to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | (d) The sanctions provided by Subsection (a) of this section |
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| 12 | 12 | | do not apply if the change of use occurs as a result of: |
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| 13 | 13 | | (1) a sale for right-of-way; |
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| 14 | 14 | | (2) [or] a condemnation; or |
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| 15 | 15 | | (3) a transfer of the property to this state or a |
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| 16 | 16 | | political subdivision of this state, including to an institution of |
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| 17 | 17 | | higher education as defined by Section 61.003, Education Code, to |
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| 18 | 18 | | be used for a public purpose. |
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| 19 | 19 | | SECTION 2. Subchapter C, Chapter 21, Transportation Code, |
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| 20 | 20 | | is amended by adding Section 21.1045 to read as follows: |
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| 21 | 21 | | Sec. 21.1045. AIRPORT MAINTENANCE BACKLOG FUND. (a) In |
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| 22 | 22 | | this section, "fund" means the airport maintenance backlog fund. |
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| 23 | 23 | | (b) The airport maintenance backlog fund is established to |
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| 24 | 24 | | provide financial assistance for airport maintenance at general |
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| 25 | 25 | | aviation airports located in counties with a population of less |
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| 26 | 26 | | than 500,000. |
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| 27 | 27 | | (c) The fund is a dedicated fund in the state treasury |
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| 28 | 28 | | outside the general revenue fund. The fund consists of: |
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| 29 | 29 | | (1) any federal funds received by the state deposited |
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| 30 | 30 | | to the credit of the fund; |
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| 31 | 31 | | (2) matching state funds in an amount required by |
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| 32 | 32 | | federal law; |
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| 33 | 33 | | (3) funds appropriated by the legislature to the |
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| 34 | 34 | | credit of the fund; |
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| 35 | 35 | | (4) a gift or grant; |
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| 36 | 36 | | (5) any fees paid into the fund; and |
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| 37 | 37 | | (6) investment earnings on the money on deposit in the |
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| 38 | 38 | | fund. |
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| 39 | 39 | | (d) Financial assistance provided from the fund may not be |
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| 40 | 40 | | conditioned on a requirement that a local entity contribute more |
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| 41 | 41 | | than 10 percent of the total project cost of the project for which |
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| 42 | 42 | | financial assistance is provided. |
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| 43 | 43 | | (e) A receipt of financial assistance from the fund does not |
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| 44 | 44 | | preclude an airport from receiving additional financial assistance |
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| 45 | 45 | | under this chapter. |
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| 46 | 46 | | (f) Sections 403.095 and 404.071, Government Code, do not |
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| 47 | 47 | | apply to the fund. |
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| 48 | 48 | | SECTION 3. The change in law made by this Act to Section |
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| 49 | 49 | | 23.96, Tax Code, applies only to a change of use of property |
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| 50 | 50 | | appraised under Subchapter G, Chapter 23, Tax Code, that occurs on |
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| 51 | 51 | | or after the effective date of this Act. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2023. |
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