April 3, 1950 

Hon. William I. Hensley 

Orimina~ M?tr+ot Attorney 

opi’lioa HO. v-1028 

pox2 p&Y Be: The euthorlty~ of the 

San Antonio 5, Texas 

c~wleeionere ~’ court 

to establish coning 

reetriotlone r0r the 

area eurrouadlalg Kelly 

Dear Sir: Field. 

Refermoe Is made to your reoent request whaidh 

reads In part aa follows: 

“lie hereby mqueet aa interpretation 

df the Airport Zoning Pot, H.B. X0.333, 50th 

Legislature, Regular $eerloa, P. 784, ASt. 

468-l to 46-15 of Vezmoa’e ,Annotated Civil. 

Statutes, and nom eepeoielly to Se&ion l(1) 

thereof whereiq the telrr ‘aimotis is defined. 

We need this in oonneotion w$th a request 

from Kelly Field to the CommleeloaSrs * Court 

of Boxer couaty, Texas eeldag tlwe~ to peee~ a 

8OtiQg OrdinSMe UUd6r th6 tOPSi Of thiS AOt 

which would apply to the area surrounding 

Kelly Field. This request has been referred 

to u11 by the Commieeionera~ Court. . . . 

“The “owaer’ of Kelly Field does n,ot’ perq lt the ulle of said area by othepe. AU Foroe 

Regulation Ro. 87-7, 3eatlon I, Paragraph 5.e. 

(a oopy of eioh la atteohed hereto as annex 

1) *ads a8 f’ollowe: 

"'A. As a general rule, airports eetabliehed and designated by Oonrpetent authority ior the prlmery purpose of eupportlng 

the operation of Air F6me aimraft will not 

be uued to support the operation or naiatenenoe of oommeroial or private airorait. * 

“we made iaqulry o? the authoritlee at 

the Field and determined that Xelly F’ield 

operates uader this general,rule, aad not 

under the exoeptlonm thereto whioh would 
Eon. William R. Iiensley, page 2 (V-1028) 

peyit_ use of. the fleld~ by others. This is 

q eae clear in the letter to us of March 2, 

1950 by Cal. Jacks, doting Base Ereoutive, 

a o~opy of which is atteohed hereto aad marked *Annex 2. I” 

The letter to whioh you refer is as follows: 

“In enswe* ~to quest~lon ooatain0d in your 

letter of February 16, 1950, as to whether. or 

not Kelly Air Foroe Base operates under the 

general ruli,~~laid down in Air Foroe Reguletioh RO. 87-7, Paragraph 5-a, this ia to adVLee that enoh 1s the oaee. Exoeptlon made 

et thlr base. to the polloies and proaedUree 

set out in~reierenoed regulation is only when 

dl.r&oted by higher Headquarters or proper euthorlty . 

vides : 

Subseotion (1) of:Artiole 468-1, V.C.S., proWe -n&s in aooord with your opinion that the” 

adYeatagee of ‘khe Aof iti question were Intended for the 

benefit of those airport instellatio~ whioh e~erve the 

publio generally by pemitting pHvete and oommerolel 

planes other than those belonging to the owaer thereof 

to use the faoilitiea. Therefore, we do not believe 

that the word “airport” within the meaning of the above 

statute ia eilifidieatlj broad enough to include Kelly 

Field. 

The word “airport” es used in A?tlole 

46e-1, V.C.3. does not lnolude or apply to 

Kelly A&%! Foroe Base, aloh iS an airport 

Y 
BOIL. william R. Hsneley, page 3 (v-1028) 

or air base 

3@ 

rated under the jtmiedio - 

;cArFEge atlona of ,yu’mpartmeat 0s 

. 

Yours very truly, 

APPROVHD: 

J. C~. Davfs, Jr. 

County Affairs Division 

PRICH DAHIHL 

Attorney General 

Charles D. M&hewn 

Hxeoutlve Aeeietaat 

BA:WU