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 of your questions 

with our answer. In view of our answers to your first two 

questions, we need not address any of the others. 

Question One: Does the definition of the term "air 

carrier" in the Texas Aeronautics Act, article 46c-1 et 

SesLr V.T.C.S., exempt air carriers operating on an 

interstate or international basis from the provisions and 

requirements of carriers subject to the Aeronautics 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 "air carrier" to mean 

every person owning, controlling, operating 

or managing any aircraft as a common carrier 

in the transportation of persons or property 

for compensation or hire which conducts all 

or part of its operations in the State of 

Texas: provided that th term 'air carrier' 

as used in this Act shtll not include, and 

this Act does not aoDlv to. air carriers 

carrvina oassenaers or oronertv as common 

carriers for comnensation or hire in commerce between a olace in this state and a 

p. 4208 
Mr. Stephen E. Cone - Page 2 (JM-868) 

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 or property as a 

common carrier for hire between any point in Texas and any 

point outside of the state. The statute quoted above 

twice states that interstate carriers are beyond the reach 

of the Texas Aeronautics Act. None of the provisions of 

subdivision ~3 of article 46c-6 of the Act -- which grants 

the Aeronautics Commission the power to lqpromulgate and 

administer economic rules and regulations over air 

carriers," including the authority to provide 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 on an interstate basis: ? 

No air carrier shall operate as such, after 

this Act 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 this Act 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 is unambiguous. Any 

entity that at any time carries passengers or property as 

a common carrier for hire between a place in Texas and 

a place outside of Texas is not an "air carrier" as 

defined by the Act. It is not subject to u provision of 

the Act. 

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 

p. 4209 
Mr. Stephen E. Cone - Page 3 (JM-868) 

to the Aeronautics 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 or property for commercial compensation between 

Texas and a place 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 

and has no authority to impose any burden 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 or property as 

common carriers for compensation or hire in 

commerce between a place in this state and 

a place outside of this state. The 

Commission has no jurisdiction over 

interstate carriers and has no authority to 

impose any burden on or extend any benefit 

to them under the Act. 

JIM MATTOX 

Attorney General of Texas 

MARY KELLER 

First Assistant 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 

p. 4210