Bill Text: TX HB1186 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the validation of certain actions relating to municipal airport zoning regulations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-16 - Effective immediately [HB1186 Detail]
Download: Texas-2015-HB1186-Enrolled.html
H.B. No. 1186 |
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relating to the validation of certain actions relating to municipal | ||
airport zoning regulations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. In this Act, "airport zoning regulation" has the | ||
meaning assigned by Section 241.003, Local Government Code. | ||
SECTION 2. The legislature finds that a municipality's | ||
adoption of airport zoning regulations: | ||
(1) is a governmental function; | ||
(2) serves a public purpose and benefit; | ||
(3) is reasonably taken to fulfill an obligation | ||
mandated by federal or state law; and | ||
(4) is taken out of a reasonable good-faith belief | ||
that the action is necessary to prevent a grave and immediate threat | ||
to life or property. | ||
SECTION 3. This Act applies only to an action taken with | ||
respect to a municipally owned and operated international airport | ||
that has obtained the appropriate Federal Aviation Administration | ||
license or other authorization necessary to operate a spaceport, | ||
launch site, or commercial space launch site. | ||
SECTION 4. (a) All governmental and proprietary actions | ||
and proceedings of a municipality, the municipality's planning and | ||
zoning commission, the municipality's airport zoning commission, | ||
and the municipality's board of adjustment designated or appointed | ||
under Chapter 241, Local Government Code, taken before the | ||
effective date of this Act relating to the adoption or enforcement | ||
of airport zoning regulations under Chapter 241, Local Government | ||
Code, in the municipality or the municipality's extraterritorial | ||
jurisdiction, are validated, ratified, and confirmed in all | ||
respects as of the dates on which they occurred. All required | ||
notices are considered to have been given and are validated, | ||
ratified, and confirmed in all respects. | ||
(b) This section does not apply to any matter that on the | ||
effective date of this Act: | ||
(1) is involved in litigation if the litigation | ||
ultimately results in the matter being held invalid by a final court | ||
judgment; or | ||
(2) has been held invalid by a final court judgment. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1186 was passed by the House on April | ||
9, 2015, by the following vote: Yeas 141, Nays 2, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1186 was passed by the Senate on May | ||
22, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |