### THE ATTORNEY GENERAL OF TEXAS
March 4, 1988

Mr. Steven E. Cone, Jr. Chairman Opinion No. JM-868
Texas Aeronautics Commission Re: Whether an air carrier P. 0. Box 12607 operating on an interstate Austin, Texas 78711 or international basis is exempt from the provisions of article 46c-6, V.T.C.S., and related questions (RQ-1201)
Dear Mr. Cone:
You ask our opinion on several questions concerning the authority of the Texas Aeronautics Commission over interstate air carriers. We follow each ofyour questions with our answer. Inview ofour answers toyour first two questions, we need not address any of the others. Question One: Does the definition of the term "air carrier" inthe Texas Aeronautics Act, article 46c-1 et SesLr V.T.C.S., exempt air carriers operating on an interstate or international basis from theprovisions and requirements of carriers subject to theAeronautics Act as set forth in subdivision 3(a)-(g) of article 46c-6, V.T.C.S?
Answer to Question One: Article 46c-l(e) of the Texas Aeronautics Act defines "aircarrier" tomean

every person owning, controlling, operating ormanaging any aircraft asa common carrier inthe transportation ofpersons orproperty for compensation orhirewhich conducts all orpart of itsoperations in the State of Texas: provided that th term 'air carrier' asused inthis Act shtll not include, and thisAct does not aoDlv to. air carriers carrvina oassenaers ororonertv as common carriers for comnensation or hire in commerce between a olace inthis state and a

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pla e addzd.)outside of this state. (Emphasis

V.T.C.S. art. 46c-l(e). Thus, m provision of the Texas Aeronautics Act applies to entities carrying passengers orproperty as a common carrier forhire between anypoint inTexas and any point outside of the state. The statute quoted above twice states that interstate carriers arebeyond the reach of the Texas Aeronautics Act. None of theprovisions of subdivision ~3ofarticle 46c-6 of theAct --which grants theAeronautics Commission thepower to lqpromulgate and administer economic rules and regulations over air carriers," including the authority toprovide the certification necessary to operate an air carrier --apply to such entities. See aenerallv V.T.C.S. art. 46c-6, subdiv. 3 (a)-(g). Question Two: Does the following provision in subdivision 3(b) of article 46c-6 apply to air carriers originally granted certification by the Texas Aeronautics Commission to operate solely on an intrastate basis but that are now operating onan interstate basis: ?

No air carrier shall operate as such, after thisAct goes into effect, without having first obtained from the Commission a certificate; provided, however that all operating rights and privileges granted to any air carrier by the Commission prior to the passage of thisAct shall continue in effect, authorizing the same service under the same terms and conditions as previously granted by the Commission.
Answer to Question Two: We assume that your question is based on a factual situation involving an air carrier which begins operations only to serve intrastate points,- but later begins service between points inside and outside of the state. Again, the statute isunambiguous. Any entity that at any time carries passengers orproperty as acommon carrier forhire between aplace inTexas and aplace outside ofTexas is not an "air carrier" as defined by theAct. It isnot subject tou provision of theAct.
We note that the redundant language in article 46c-l(e) of the Act is not accidental. A sectionby-section analysis of the legislation adding the language

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to theAeronautics Act (m Acts 1981, 67th Leg., ch. 767, 51,at 2858) notes that the precise purpose of the amendatory phrase was to "exemp[t] air carriers who carry passengers orproperty for commercial compensation between Texas and aplace outside of Texas.l@Bill Analysis to C.S.S.B. No. 403, prepared for Senate Committee on Government Organization, 67th Leg. (1981). Thus, the Act does not reach entities offering interstate air service. They are outside of the jurisdiction of the Commission even if they offer some service solely between points within Texas. The Commission has no jurisdiction over interstate carriers andhas no authority to impose anyburden on or extend benefits to them under the Texas Aeronautics Act.
SUMMARY The Texas Aeronautics Act, article 46c-1 et sec. V.T.C.S., does not apply to entities'carrying passengers orproperty as common carriers for compensation orhire in commerce between aplace inthis state and a place outside of this state. The Commission has no jurisdiction over interstate carriers andhas no authority to impose anyburden on or extend any benefit to themunder theAct.

JIM MATTOX Attorney General of Texas
MARY KELLER FirstAssistant Attorney General
LOU MCCREARY Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY Special Assistant Attorney General
RICK GILPIN Chairman, Opinion Committee Prepared by Don Bustion Assistant Attorney General

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