reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 22 - County and Municipal Airports › Subchapter E. Nonprofit Airport Facility Financing Corporations › Section 22.152. Nonprofit Airport Facility Financing Corporations

Sec. 22.152.  NONPROFIT AIRPORT FACILITY FINANCING CORPORATIONS.  (a)  The public agencies, by concurrent order, ordinance, or resolution, may authorize the incorporation of a nonprofit airport facility financing corporation under this chapter to provide financing to pay the costs, including direct and indirect costs, capitalized interest, and reserves for the costs, of an airport facility authorized by Sections 22.011(a)-(c) and 22.012 and for other purposes set forth in the articles of incorporation.
(b)  In fulfilling its purposes and performing its powers, duties, and operations, the corporation shall act on behalf of and as the duly constituted authority and instrumentality of the constituent agencies authorizing its creation for purposes of Section 103 of the Internal Revenue Code of 1986 (26 U.S.C. Section 103).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 22 - County and Municipal Airports › Subchapter E. Nonprofit Airport Facility Financing Corporations › Section 22.153. Approval of Articles of Incorporation; Appointment of Board of Directors

Sec. 22.153.  APPROVAL OF ARTICLES OF INCORPORATION;  APPOINTMENT OF BOARD OF DIRECTORS.  (a)  The concurrent order, ordinance, or resolution of the constituent agencies authorizing incorporation of the nonprofit airport facility financing corporation must approve the articles of incorporation for the corporation and any amendments to the articles of incorporation.
(b)  The board of directors of the corporation may be selected and appointed in any manner specified in the articles of incorporation, including the selection and appointment of the board of directors by the joint board under whose authority the jointly owned airport is operated and supervised under this chapter and the joint agreement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 22 - County and Municipal Airports › Subchapter E. Nonprofit Airport Facility Financing Corporations › Section 22.154. Incorporation

Sec. 22.154.  INCORPORATION.  A nonprofit airport facility financing corporation may be incorporated under this chapter by filing its articles of incorporation with the secretary of state in the manner prescribed for the incorporation of nonprofit corporations under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).  On filing of the articles of incorporation, the secretary of state shall issue a certificate of incorporation showing that the corporation is incorporated under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 22 - County and Municipal Airports › Subchapter E. Nonprofit Airport Facility Financing Corporations › Section 22.155. Bylaws

Sec. 22.155.  BYLAWS.  The joint board under whose authority the jointly owned airport is operated shall approve or prescribe the bylaws of the corporation.  The bylaws may prescribe the procedures to be followed in fulfilling the purposes of the corporation and in exercising its powers and may include any limitations on exercising those powers the joint board considers appropriate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 22 - County and Municipal Airports › Subchapter E. Nonprofit Airport Facility Financing Corporations › Section 22.156. Applicable Laws

Sec. 22.156.  APPLICABLE LAWS.  The corporation has the powers granted by this chapter, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), and all other laws applicable to nonprofit corporations.  The internal affairs of the corporation are governed by, the purposes and powers of the corporation are fulfilled and exercised in accordance with, and the corporation is subject to, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), except as otherwise provided by this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 22 - County and Municipal Airports › Subchapter E. Nonprofit Airport Facility Financing Corporations › Section 22.157. Bonds

Sec. 22.157.  BONDS.  (a)  A nonprofit airport facility financing corporation may provide financing for the purposes described by Section 22.152(a) by issuing bonds, notes, or other forms of obligations on behalf of the constituent agencies on terms the board of directors considers appropriate, consistent with the procedures and limitations set forth in the bylaws and subject only to the limitations in this subsection.  The bonds, notes, or other obligations are payable only from:
(1)  revenue, rents, income, or payments from one or more users of property of the jointly owned airport under a lease, loan, purchase, lease-purchase, or other agreement between the corporation and the user or users;  and
(2)  revenue of the airport that the joint board commits and pledges to the payment of the obligations under agreements between the joint board and the corporation as authorized by Subsection (b).
(b)  A lease, loan, purchase, lease-purchase, or other agreement may be on terms the parties to the agreement determine appropriate.  The joint board and the corporation may enter into agreements, including lease, lease-purchase, or other agreements, as they determine appropriate to accomplish financing under this section.
(c)  Bonds, notes, or other obligations of the corporation must be submitted to the attorney general for review and approval.  If the attorney general determines that the obligations are issued in accordance with this chapter, the attorney general shall approve them.  On approval, the obligations are incontestable for any cause.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 22 - County and Municipal Airports › Subchapter E. Nonprofit Airport Facility Financing Corporations › Section 22.158. Earnings

Sec. 22.158.  EARNINGS.  (a)  No part of a nonprofit airport facility financing corporation's net earnings remaining after payment of its expenses and other obligations may benefit an individual, private firm, or private corporation.
(b)  If the board of directors determines that sufficient provision has been made for the full payment of the expenses, bonds, notes, and other obligations of the corporation, any net earnings of the corporation subsequently accruing shall be paid to the joint board for the benefit of the constituent agencies in their respective ownership shares of the airport in accordance with the joint agreement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 22 - County and Municipal Airports › Subchapter E. Nonprofit Airport Facility Financing Corporations › Section 22.159. Alteration or Termination of Corporation

Sec. 22.159.  ALTERATION OR TERMINATION OF CORPORATION.  The constituent agencies that authorize the incorporation of a nonprofit airport facility financing corporation may alter the structure, organization, programs, or activities of the corporation or may terminate and dissolve the corporation, subject only to any limitations provided by state law relating to the impairment of contracts entered into by the corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 22 - County and Municipal Airports › Subchapter Z. Miscellaneous Provisions › Section 22.901. Disposal of Abandoned Aircraft

Sec. 22.901.  DISPOSAL OF ABANDONED AIRCRAFT.  (a)  A local government that is unable to determine the ownership of an aircraft that has been located for more than 90 days at an airport owned by the local government may petition a district court for the county in which the aircraft is located to determine the ownership of the aircraft if:
(1)  the local government has provided notice in the same manner as provided by Section 683.012 for notice of an abandoned motor vehicle;  and
(2)  the local government has contacted the Federal Aviation Administration in an attempt to identify the owner of the aircraft.
(b)  On filing of a petition under Subsection (a), the court shall hold a hearing to determine the ownership status of the aircraft.  The local government shall present the court with all evidence the local government has in its possession about the ownership of the aircraft.  If the evidence is sufficient to determine ownership of the aircraft, the court shall notify the owner of the aircraft.
(c)  If the court is unable to make a determination under Subsection (b), the court shall require the local government to collect additional evidence about ownership or to provide notice in the manner that is most likely to reach the owner of the aircraft.  Unless evidence is discovered that allows the court to determine the owner of the aircraft, the court may not take further action on making a determination of ownership until after the 60th day after the date of the hearing under Subsection (b).
(d)  If the court cannot make a determination on the ownership of the aircraft after requiring the local government to take additional steps under Subsection (c), the court shall declare the aircraft as abandoned property, and the court shall give title to the aircraft to the local government.  The local government shall dispose of the aircraft in the same manner the local government disposes of salvage or surplus property.
(e)  If an owner of an aircraft fails to claim the aircraft within 60 days after the date notice is given under Subsection (b), the local government may petition the district court to declare the aircraft abandoned property under Subsection (d).
(f)  A determination of ownership made by the court under this section does not affect the right of the local government to recover fees against the owner of the aircraft for storage or maintenance of the aircraft.
Added by Acts 1997, 75th Leg., ch. 432, Sec. 1, eff. May 29, 1997.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 23 - Airport Police Forces › Section 23.001. Establishment of Airport Police Force; Commissioning of Peace Officers

Sec. 23.001.  ESTABLISHMENT OF AIRPORT POLICE FORCE; COMMISSIONING OF PEACE OFFICERS.  The governing body of a joint board, as defined by Section 22.071, or the governing body of a political subdivision that operates an airport served by an air carrier certificated by the Federal Aviation Administration or the United States Department of Transportation may:
(1)  establish an airport police force; and
(2)  commission and employ a peace officer, subject to Chapter 1701, Occupations Code, if the employee takes and files the oath required of peace officers.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 404 (S.B. 1550), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter A. Federal Requirements Regarding Airman Certification › Section 24.001. Definitions

Sec. 24.001.  DEFINITIONS.  In this subchapter:
(1)  "Aircraft" means a device that is invented, used, or designated for air navigation or flight, other than a parachute or other device used primarily as safety equipment.
(2)  "Airman" means:
(A)  a person, including the person in command of an aircraft or a pilot, mechanic, or member of the crew, who engages in the navigation of an aircraft while under way;  or
(B)  the person who is in charge of the inspection, overhaul, or repair of an aircraft.
(3)  "Airman certificate" means a certificate issued to an airman under 49 U.S.C. Section 1422.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter A. Federal Requirements Regarding Airman Certification › Section 24.002. Application

Sec. 24.002.  APPLICATION.  This subchapter does not apply to an aircraft owned by and used exclusively in the service of the federal or state government.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter A. Federal Requirements Regarding Airman Certification › Section 24.003. Operation of Aircraft Without Airman Certificate; Offense

Sec. 24.003.  OPERATION OF AIRCRAFT WITHOUT AIRMAN CERTIFICATE;  OFFENSE.  (a)  A person commits an offense if the person:
(1)  navigates an aircraft in this state without an airman certificate;  or
(2)  serves as an airman in connection with an aircraft flown or operated in this state without an airman certificate.
(b)  An offense under Subsection (a) is a misdemeanor punishable by:
(1)  a fine of not less than $100 and not more than $500;
(2)  confinement in county jail for not less than 30 days and not more than six months;  or
(3)  both the fine and the confinement.
(c)  It is a defense to prosecution under this section that the person could be prosecuted under the laws or regulations of the United States for the alleged violation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter A. Federal Requirements Regarding Airman Certification › Section 24.004. Inspection of Airman Certificate

Sec. 24.004.  INSPECTION OF AIRMAN CERTIFICATE.  A person holding an airman certificate shall keep the certificate in the person's possession when the person is operating an aircraft within this state or serving in connection with an aircraft flown or operated in this state.  The person shall present the certificate for inspection on the demand of:
(1)  a passenger;
(2)  a peace officer of this state;  or
(3)  an official, manager, or person in charge of an airport or landing field in this state on which the person lands an aircraft or performs a service.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter A. Federal Requirements Regarding Airman Certification › Section 24.005. Aircraft Licensure and Registration

Sec. 24.005.  AIRCRAFT LICENSURE AND REGISTRATION.  A person may not navigate an aircraft in this state, whether for commercial, pleasure, or noncommercial purposes, unless the aircraft is licensed and registered in the manner provided by the Federal Aviation Administration.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter B. Other Federal Requirements Regarding Aircraft › Section 24.011. Failure to Register Aircraft; Offense

Sec. 24.011.  FAILURE TO REGISTER AIRCRAFT;  OFFENSE.  (a)  A person commits an offense if the person operates or navigates an aircraft that the person knows is not properly registered under Federal Aviation Administration aircraft registration regulations, 14 C.F.R. Part 47, as those regulations existed on September 1, 1985.
(b)  An offense under Subsection (a) is a felony of the third degree.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter B. Other Federal Requirements Regarding Aircraft › Section 24.012. Aircraft Identification Numbers; Offense

Sec. 24.012.  AIRCRAFT IDENTIFICATION NUMBERS;  OFFENSE.  (a)  The failure to have the aircraft identification numbers clearly displayed on an aircraft in compliance with federal aviation regulations is probable cause for a peace officer to further inspect the aircraft to determine the identity of the owner of the aircraft.
(b)  A peace officer may inspect an aircraft under Subsection (a) if the aircraft is located on public property or on private property if the officer has the consent of the property owner.
(c)  A person commits an offense if the person operates an aircraft that the person knows does not have aircraft identification numbers that comply with federal aviation regulations.
(d)  An offense under Subsection (c) is a felony of the third degree.
(e)  In this section, "federal aviation regulations" means the regulations adopted by the Federal Aviation Administration regarding identification and registration marking, 14 C.F.R. Part 45, as those regulations existed on September 1, 1985, except a regulation in existence on September 1, 1985, that is inconsistent with a regulation adopted after that date.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter B. Other Federal Requirements Regarding Aircraft › Section 24.013. Aircraft Fuel Containers; Offense

Sec. 24.013.  AIRCRAFT FUEL CONTAINERS;  OFFENSE.  (a)  A person commits an offense if the person operates or intends to operate an aircraft equipped with:
(1)  a fuel container that the person knows does not conform to federal aviation regulations or that has not been approved by the Federal Aviation Administration by inspection or special permit;  or
(2)  a pipe, hose, or auxiliary pump that is used or intended for transferring fuel to the primary fuel system of an aircraft from a fuel container that the person knows does not conform to federal aviation regulations or that has not been approved by the Federal Aviation Administration by inspection or special permit.
(b)  An offense under Subsection (a) is a felony of the third degree.
(c)  A peace officer may seize an aircraft equipped with a fuel container that is the subject of an offense under Subsection (a).
(d)  An aircraft seized under Subsection (c) may be forfeited to the Department of Public Safety in the same manner as property subject to forfeiture under Article 18.18, Code of Criminal Procedure.
(e)  An aircraft forfeited under Subsection (d) is subject to Chapter 2205, Government Code.
(f)  In this section:
(1)  "Federal aviation regulations" means the following regulations adopted by the Federal Aviation Administration as those regulations existed on September 1, 1985, except a regulation in existence on September 1, 1985, that is inconsistent with a regulation adopted after that date:
(A)  certification procedures for products and parts, 14 C.F.R. Part 21;
(B)  maintenance, preventive maintenance, rebuilding, and alteration regulations, 14 C.F.R. Part 43;  and
(C)  general operating and flight rules, 14 C.F.R. Part 91.
(2)  "Operate" means to use, cause to use, or authorize to use an aircraft for air navigation and includes:
(A)  the piloting of an aircraft, with or without the right of legal control;
(B)  the taxiing of an aircraft before takeoff or after landing;  and
(C)  the postflight or preflight inspection or starting of the engine of an aircraft.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter C. Use of Public Roads by Aircraft › Section 24.021. Taking Off, Landing, or Maneuvering Aircraft on Highways, Roads, or Streets; Offense

Sec. 24.021.  TAKING OFF, LANDING, OR MANEUVERING AIRCRAFT ON HIGHWAYS, ROADS, OR STREETS;  OFFENSE.  (a)  A person commits an offense if the person takes off, lands, or maneuvers an aircraft, whether heavier or lighter than air, on a public highway, road, or street except:
(1)  when necessary to prevent serious injury to a person or property;
(2)  during or within a reasonable time after an emergency;  or
(3)  as provided by Section 24.022.
(b)  An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 and not more than $200.
(c)  The procedure prescribed by Section 543.003 applies to a violation of this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.04, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 24 - Operation of Aircraft › Subchapter C. Use of Public Roads by Aircraft › Section 24.022. Use of Aircraft on County Roads

Sec. 24.022.  USE OF AIRCRAFT ON COUNTY ROADS.  (a)  A commissioners court of a county may enact ordinances to ensure the safe use of county roads by aircraft.  An ordinance may:
(1)  limit the kinds of aircraft that may use the roads;
(2)  establish the procedure that a pilot shall follow before using a road, including requiring the pilot to furnish persons with flags at both ends of the road to be used;  or
(3)  establish other requirements considered necessary for the safe use of the roads by aircraft.
(b)  A pilot who follows the ordinances adopted under Subsection (a):
(1)  may land or take off in the aircraft on a county road;  and
(2)  is not subject to the traffic laws of this state during the landing or takeoff.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 25 - Notice of Construction of Wireless Communication Facility › Section 25.001. Definition

Sec. 25.001.  DEFINITION.  In this chapter, "wireless communication facility" means an equipment enclosure, antenna, antenna support structure, and any associated facility used for receiving or sending a radio frequency, microwave, or other signal for a commercial communications purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.37, eff. April 1, 2009.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 25 - Notice of Construction of Wireless Communication Facility › Section 25.002. Notice of Construction

Sec. 25.002.  NOTICE OF CONSTRUCTION.  (a)  A person proposing to construct a wireless communication facility that is taller than 100 feet shall, not later than the 30th day before the date the construction begins, mail a letter to:
(1)  any airport located within three miles of the proposed facility location; and
(2)  the Texas Agricultural Aviation Association.
(b)  The letter must state:
(1)  the legal description of the proposed site of construction, including a graphic depiction showing:
(A)  the location, height, longitude, latitude, pad size, roadway access, and proposed use of the wireless communication facility; and
(B)  the location of any guy wires;
(2)  at a minimum, the name, phone number, electronic mail address, if any, and mailing address of the person proposing construction of the wireless communication facility; and
(3)  a phone number that is operational 24 hours a day, seven days a week, for emergency purposes.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.37, eff. April 1, 2009.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 25 - Notice of Construction of Wireless Communication Facility › Section 25.003. Inapplicability of Chapter

Sec. 25.003.  INAPPLICABILITY OF CHAPTER.  This chapter does not apply to:
(1)  a structure the main purpose of which is to provide electric service;
(2)  a wireless communication facility:
(A)  used by an entity only for internal communications;
(B)  constructed by a municipality;
(C)  used for emergency communications; or
(D)  installed for colocation purposes;
(3)  a radio or television reception antenna;
(4)  a satellite or microwave parabolic antenna not used by a wireless communication service provider;
(5)  a receive-only antenna;
(6)  an antenna owned and operated by a federally licensed amateur radio station operator;
(7)  a cable television company facility;
(8)  a radio or television broadcasting facility; or
(9)  a colocation antenna.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.37, eff. April 1, 2009.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 25 - Notice of Construction of Wireless Communication Facility › Section 25.004. Effect on Local Ordinances

Sec. 25.004.  EFFECT ON LOCAL ORDINANCES.  This chapter does not preempt a local ordinance regulating a wireless communication facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.37, eff. April 1, 2009.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 26 - Aquatic Aircraft › Section 26.001. Definitions

Sec. 26.001.  DEFINITIONS.  In this chapter:
(1)  "Aquatic aircraft" means a seaplane, floatplane, or similar aircraft that is capable of taking off and landing on water.
(2)  "Department" means the Texas Department of Transportation.
Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 26 - Aquatic Aircraft › Section 26.002. Application

Sec. 26.002.  APPLICATION.  This chapter applies to all navigable bodies of water of this state other than a navigable body of water that the federal government owns, controls, or has jurisdiction over.
Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 26 - Aquatic Aircraft › Section 26.003. Regulation Prohibited

Sec. 26.003.  REGULATION PROHIBITED.  (a)  Except as provided by Subsection (b), a governmental entity that owns, controls, or has jurisdiction over a navigable body of water may not in an area in which motorized boats are permitted:
(1)  prohibit the takeoff, landing, or operation of an aquatic aircraft;  or
(2)  regulate or require a permit or fee for the operation of an aquatic aircraft.
(b)  A governmental entity described by Subsection (a) may apply to the department to prohibit or limit the operation of aquatic aircraft on a navigable body of water.  The department shall approve the prohibition or limitation if the department determines that safety concerns justify the prohibition or limitation.  The prohibition or limitation may apply to the entire body of water or only to a specified area.
(c)  In making a determination under Subsection (b), the department shall consider:
(1)  the topography of the body of water or specified area;
(2)  the depth of the water and any obstacles that are under the water;
(3)  the amount of boat or individual traffic on the body of water or in the specified area;
(4)  the interests of persons owning homes that are located on or around the body of water;  and
(5)  any other factors that relate to the safe operation of aquatic aircraft.
Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 3 - Aviation › Chapter 26 - Aquatic Aircraft › Section 26.004. Rules

Sec. 26.004.  RULES.  The department shall adopt rules to implement and administer this chapter, including rules specifying how notice shall be given of a prohibition or limitation approved under this chapter.
Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.001. Short Title

Sec. 51.001.  SHORT TITLE.  This chapter may be cited as the Texas Coastal Waterway Act.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.002. Definitions

Sec. 51.002.  DEFINITIONS.  In this chapter:
(1)  "Coastal marshes" means those soft, low-lying watery or wet lands and drainage areas in the coastal areas of the state that are of ecological significance to the environment and to the maintenance, preservation, and enhancement of wildlife and fisheries.
(2)  "Coastal public land" means:
(A)  the state-owned submerged land and the water overlying that land;  and
(B)  state-owned islands or portions of islands that may be affected by the ebb and flow of the tide.
(3)  "Commission" means the Texas Transportation Commission.
(4)  "Gulf Intracoastal Waterway" means the main channel, not including tributaries or branches, of the shallow draft navigation channel running from the Sabine River southward to the Brownsville Ship Channel near Port Isabel that is known as the Gulf Intracoastal Canal.
(5)  "Department" means the Texas Department of Transportation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.003. Purpose

Sec. 51.003.  PURPOSE.  In recognition of the economic benefit to the state of the Gulf Coast Intracoastal Waterway, this state shall act as the nonfederal sponsor of the main channel of the Gulf Coast Intracoastal Waterway from the Sabine River to the Brownsville Ship Channel in order to:
(1)  support the marine commerce and economy of this state by providing for the shallow draft navigation of the state's coastal waters in an environmentally sound manner;
(2)  prevent waste of publicly and privately owned natural resources;
(3)  prevent or minimize adverse impacts on the environment;  and
(4)  maintain, preserve, and enhance wildlife and fisheries.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 191, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.004. Cooperation With Other Entities

Sec. 51.004.  COOPERATION WITH OTHER ENTITIES.  (a)  The commission shall cooperate with the Department of the Army, other federal and state agencies, navigation districts, port authorities, counties, and other appropriate persons to determine the state's federal local sponsorship requirements relating to the Gulf Intracoastal Waterway, shall fulfill those requirements, and shall satisfy the responsibilities of the nonfederal sponsor as determined by federal law.
(b)  The commission shall coordinate actions taken under this chapter that may have a significant environmental impact or effect on coastal public land, coastal marshes, wildlife, and fisheries with appropriate federal and state agencies that have environmental, wildlife, and fisheries responsibilities.
(c)  Within its authority and available resources, an agency or political subdivision of the state shall assist the commission in performing its duties under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.005. Land Acquisition

Sec. 51.005.  LAND ACQUISITION.  (a)  The commission may acquire by gift, purchase, or condemnation property or an interest in property that the commission considers necessary to enable it to meet its responsibilities under this chapter, including, except as provided by Subsection (b)(3), easements and rights-of-way for dredge material disposal sites or channel alteration.
(b)  The commission may not:
(1)  acquire oil, gas, sulphur, or other minerals that may be recovered without using the surface of land acquired by the commission for exploration, drilling, or mining purposes;
(2)  condemn any submerged public land under the jurisdiction of the School Land Board;  or
(3)  condemn private property along Reach 1, Reach 2, Reach 4, Reach 5, and Reach 6 of the Gulf Coast Intracoastal Waterway as defined by the Draft Laguna Madre GIWW Dredged Material Management Plan prepared by the Army Corps of Engineers and the Interagency Coordination Team dated October 11, 2002, for use as a disposal site for dredged material from the Laguna Madre unless the commission determines that:
(A)  there is no state or federal land available that can be used for that purpose;  and
(B)  the state's failure to acquire the property will result in the closure of any segment of the Gulf Coast Intracoastal Waterway located in this state.
(c)  An agency or political subdivision of the state may convey, without advertisement, title or rights and easements owned by the agency or political subdivision to any property the commission needs to meet its responsibilities under this chapter.
(d)  Repealed by Acts 2003, 78th Leg., ch. 191, Sec. 4, eff. Sept. 1, 2003.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1457, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 191, Sec. 2, 4 eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.006. Hearing Required Before Acquisition of Property

Sec. 51.006.  HEARING REQUIRED BEFORE ACQUISITION OF PROPERTY.  (a)  Before the commission approves or implements a plan or project to acquire property or an interest in property under Section 51.005 for a dredge material disposal site or for an alteration of the Gulf Intracoastal Waterway that requires the acquisition of additional property or an interest in property to meet its responsibilities under this chapter, the commission shall hold a public hearing to receive evidence and testimony concerning the desirability of the proposed dredge material disposal site or channel alteration.
(b)  The commission shall publish notice of a plan or project and the date, time, and place of a hearing at least once a week for three successive weeks before the hearing in a newspaper of general circulation that is published in the county seat of each county in which any part of a proposed dredge material disposal site or channel alteration is located.
(c)  The commission may approve the plan or project and implement it and acquire additional property if the commission determines, after the public hearing, that the proposed plan or project can be accomplished without an unjustifiable waste of publicly or privately owned natural resources or a permanent and substantial adverse impact on the environment, wildlife, or fisheries.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.007. Evaluation and Report

Sec. 51.007.  EVALUATION AND REPORT.  (a)  In cooperation with appropriate persons, the commission shall continually evaluate the impact of the Gulf Intracoastal Waterway on the state.  The evaluation shall include:
(1)  an assessment of the importance of the Gulf Intracoastal Waterway that includes identification of its direct and indirect beneficiaries;
(2)  identification of principal problems and possible solutions to those problems that includes estimated costs, economic benefits, and environmental effects;
(3)  an evaluation of the need for significant modifications to the Gulf Intracoastal Waterway;  and
(4)  specific recommendations for legislative action that the commission believes are in the best interest of the state in carrying out the state's duties under this chapter.
(b)  The commission shall publish a report of its evaluation and present the report to each regular session of the legislature.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.008. School Land Board Power

Sec. 51.008.  SCHOOL LAND BOARD POWER.  This chapter does not diminish the duty or power of the School Land Board to manage the coastal public land of the state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.009. Beneficial Use of Dredge Material

Sec. 51.009.  BENEFICIAL USE OF DREDGE MATERIAL.  (a)  The commission, through the department, may enter into an agreement with the Department of the Army to participate in the cost of a project to beneficially use material dredged from the Gulf Intracoastal Waterway.
(b)  The commission by rule shall establish eligibility criteria for a project to beneficially use the dredge material.
(c)  In this section and Sections 51.010 and 51.011, beneficial use of dredge material means any productive and positive use of dredge material and includes broad use categories such as fish and wildlife habitat development, human recreation, and industrial and commercial uses.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(b), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.010. Property Acquisition

Sec. 51.010.  PROPERTY ACQUISITION.  The commission, through the department, may acquire an interest in property required for a project to beneficially use dredge material in the manner provided by Section 51.005.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(b), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.011. Hearing Required Before Participation in Project

Sec. 51.011.  HEARING REQUIRED BEFORE PARTICIPATION IN PROJECT.  (a)  Before the department agrees to participate in the cost of a project to beneficially use dredge material that requires the acquisition of an interest in property, the commission shall hold a public hearing on the desirability of the project.
(b)  The commission shall publish notice of the date, time, and place of the hearing at least once a week for three successive weeks before the hearing in a newspaper of general circulation published in the county seat of each county in which the project is located.
(c)  The department may agree to participate in the cost of the project if the commission determines, after the public hearing, that the project can be accomplished without unjustifiable waste of publicly or privately owned natural resources or a permanent and substantial adverse effect on the environment, wildlife, or fisheries.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(b), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.012. Contracts With Landowners

Sec. 51.012.  CONTRACTS WITH LANDOWNERS.  The commission may contract with a landowner for the use of land as a disposal site for dredged material.
Added by Acts 2003, 78th Leg., ch. 191, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.013. Dredged Material Disposal

Sec. 51.013.  DREDGED MATERIAL DISPOSAL.  (a)  The department shall condemn land for disposal of dredged material for the Laguna Madre section of the Gulf Coast Intracoastal Waterway only in accordance with the Draft Laguna Madre GIWW Dredged Material Management Plan prepared by the Army Corps of Engineers and the Interagency Coordination Team dated October 11, 2002.
(b)  On request by a political subdivision, the commission may enter into a contract with a political subdivision to dispose of dredged material from the Highland Bayou Diversionary Canal on Placement Area 58A of the Gulf Coast Intracoastal Waterway.
(c)  The commission may not charge a fee for disposal under Subsection (b).
Added by Acts 2003, 78th Leg., ch. 191, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 242 (S.B. 2380), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 51 - Texas Coastal Waterway Act › Section 51.014. Substantive Changes to Dredged Material Disposal Plan

Sec. 51.014.  SUBSTANTIVE CHANGES TO DREDGED MATERIAL DISPOSAL PLAN.  The department shall seek approval of the legislature for any substantive changes to dredged material disposal management made in the final Laguna Madre GIWW Dredged Material Management Plan once the plan is published.
Added by Acts 2003, 78th Leg., ch. 191, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 52 - Texas Deepwater Port Procedures Act › Section 52.001. Short Title

Sec. 52.001.  SHORT TITLE.  This chapter may be cited as the Texas Deepwater Port Procedures Act.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 52 - Texas Deepwater Port Procedures Act › Section 52.002. Definitions

Sec. 52.002.  DEFINITIONS.  In this chapter:
(1)  "Adjacent coastal county" means a county bordering the Gulf of Mexico that has an onshore storage facility for a deepwater port for which an application has been filed.
(2)  "Commissioner" means the commissioner of the General Land Office or the commissioner's designated representative.
(3)  "Deepwater port" means a facility defined in Section 3(10), Deepwater Port Act of 1974 (33 U.S.C. Sec. 1502(10)), and includes an onshore storage tank facility and the pipelines located in this state that connect the onshore storage tank facility with an offshore facility of a deepwater port.
(4)  "Person" means an individual, association, organization, trust, partnership, or corporation.
(5)  "Secretary" means the United States secretary of transportation.
(6)  "State or local agency" means a board, commission, department, office, agency, or political subdivision of the state or of a county or municipality, or another public body created by or under state law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 52 - Texas Deepwater Port Procedures Act › Section 52.003. General Administration

Sec. 52.003.  GENERAL ADMINISTRATION.  (a)  The governor shall approve or disapprove an application made to the secretary under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) to own, construct, or operate a deepwater port off the Texas Gulf Coast.
(b)  The commissioner shall administer, implement, and coordinate the provisions of this chapter regarding a determination by state and local agencies of the application's compliance with state and local laws regarding environmental protection, land and water use, and coastal zone management.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 52 - Texas Deepwater Port Procedures Act › Section 52.004. Application: Governor's Duties

Sec. 52.004.  APPLICATION:  GOVERNOR'S DUTIES.  (a)  On receipt of a copy of an application from the secretary, the governor shall immediately send a copy to the attorney general and the commissioner.
(b)  If the governor determines that the application is substantially similar to an application previously reviewed under this chapter, the governor may approve or disapprove the application without further action under this chapter and notify the secretary of the action taken.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 52 - Texas Deepwater Port Procedures Act › Section 52.005. Application to Be Filed; Fee for Duplication and Mailing

Sec. 52.005.  APPLICATION TO BE FILED;  FEE FOR DUPLICATION AND MAILING.  (a)  A copy of the application shall be filed in the General Land Office and in the office of the county judge of the adjacent coastal county.
(b)  The public may inspect or duplicate the application during normal business hours.  A reasonable fee may be charged for duplicating and mailing the application.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 52 - Texas Deepwater Port Procedures Act › Section 52.006. Duties of Attorney General and Commissioner; Fee for Duplication and Mailing

Sec. 52.006.  DUTIES OF ATTORNEY GENERAL AND COMMISSIONER;  FEE FOR DUPLICATION AND MAILING.  (a)  Not later than the 30th day after the date of receiving a copy of the application from the governor, the attorney general shall send the governor and the commissioner a list of each state or local agency that the attorney general determines has jurisdiction to administer laws regarding environmental protection, land and water use, and coastal zone management in the area in which the deepwater port is located.
(b)  On receipt of the list, the commissioner shall immediately send a copy of the application to each state and local agency.
(c)  The applicant may be charged a reasonable fee to cover the cost of duplicating and mailing the application to the state and local agencies unless the applicant provides the necessary copies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 52 - Texas Deepwater Port Procedures Act › Section 52.007. Publication of Notice

Sec. 52.007.  PUBLICATION OF NOTICE.  Not later than the 15th day after the date of receiving a copy of the application from the governor, the commissioner shall publish notice of the application in:
(1)  the Texas Register;
(2)  the newspaper having the greatest general circulation in Travis County and in each of the five most populous counties in the state;  and
(3)  a newspaper in the adjacent coastal county and in each county that adjoins the adjacent coastal county in which notice is not otherwise required to be published under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 4 - Navigation › Subtitle A - Waterways and Ports › Chapter 52 - Texas Deepwater Port Procedures Act › Section 52.008. Report by Agencies

Sec. 52.008.  REPORT BY AGENCIES.  (a)  Not later than the 60th day after the date of receiving a copy of the application from the commissioner, a state or local agency notified under Section 52.006 shall report in writing to the commissioner the agency's determination of whether the application complies with laws, including rules and regulations, administered by the agency.
(b)  If an agency determines that the application does not comply with laws administered by that agency, the agency shall include in the report:
(1)  a detailed description of the manner in which the application does not comply;  and
(2)  recommended changes that would enable the application to comply with those laws.
(c)  The commissioner shall send a copy of the agency's report to the applicant.
(d)  An applicant is entitled to:
(1)  respond in writing to the agency that issued the report;  and
(2)  request and receive a public hearing before the commissioner on the provisions of the application that an agency has determined do not comply with laws administered by that agency.
(e)  If an agency fails to file a report within the period prescribed by Subsection (a), the application is presumed to comply with the laws administered by that agency.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.