Title TN, Transportation Code

Sec. 21.070. MARKING OF WIRELESS COMMUNICATION FACILITY. (a) In this section: (1) "Cultivated field" means any open space or pasture larger than five acres in which a plant or tree nursery is located or an agricultural crop, including cotton, corn, grain, grapes, beets, peanuts, …

Sec. 21.071. REQUIREMENTS FOR CERTAIN METEOROLOGICAL EVALUATION TOWERS; OFFENSE. (a) In this section: (1) "Meteorological evaluation tower" means a structure that: (A) is self-standing or supported by guy wires and anchors; (B) is not more than 12 feet in diameter at the base of …

Sec. 21.072. ADVANCED AIR MOBILITY. (a) In this section, "advanced air mobility" means an aviation transportation system that uses highly automated aircraft, which may be manned or unmanned, to operate and transport passengers or cargo at lower altitudes for commercial, public se…

Sec. 21.101. FINANCIAL ASSISTANCE FOR CONSTRUCTION AND REPAIR OF AVIATION FACILITIES. (a) The department may loan or grant money to a state agency with a governing board authorized to operate an airport or to a governmental entity in this state to establish, construct, reconstruc…

Sec. 21.102. LOAN PREFERRED. The department shall: (1) make a loan instead of a grant whenever feasible under this subchapter; and (2) carefully consider making a loan instead of a grant for an improvement that produces revenue. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1…

Sec. 21.103. COMMISSION VOTE REQUIRED FOR GRANT OR LOAN. Under this subchapter, the commission may not make: (1) a grant unless two-thirds of the entire commission votes in favor of the grant; or (2) a loan unless a majority of the entire commission votes in favor of the loan. Ac…

Sec. 21.104. REVOLVING LOAN FUND. The department shall: (1) place the principal and interest derived from a loan in a revolving loan fund; and (2) administer the fund for future loans and their administration. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.105. REQUIREMENTS FOR LOAN OR GRANT. (a) The commission may not approve a loan that bears interest of less than three percent annually or that has a term that exceeds 20 years. (b) Before approving a loan or grant, the commission shall require that: (1) the airport or fac…

Sec. 21.106. PRIORITIES FOR FINANCIAL ASSISTANCE. The commission, with the advice of the aviation advisory committee, shall establish and maintain a method for determining priorities among locations and projects eligible to receive state financial assistance for aviation facility…

Sec. 21.107. AVIATION FACILITIES DEVELOPMENT PROGRAM. (a) The commission, with the advice of the aviation advisory committee, through the preparation and adoption of an aviation facilities development program, shall provide for a statewide airport system to serve the state's air …

Sec. 21.108. AVIATION FACILITIES CAPITAL IMPROVEMENT PROGRAM. (a) The commission, with the advice of the aviation advisory committee, shall prepare a multiyear aviation facilities capital improvement program. (b) The aviation facilities capital improvement program must: (1) inclu…

Sec. 21.109. REVIEW AND REVISION OF AVIATION FACILITIES CAPITAL IMPROVEMENT PROGRAM. The commission, with the advice of the aviation advisory committee, shall: (1) periodically review the capital improvement program to determine the need to: (A) revise the system development crit…

Sec. 21.110. AVIATION FACILITIES CAPITAL IMPROVEMENT PROGRAM; BUDGET PREPARATION. The department shall consider the aviation facilities capital improvement program in preparing the department's biennial budget request to the legislature. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff…

Sec. 21.111. PUBLIC HEARING. (a) The commission or the commission's authorized representative shall hold a public hearing before approving any financial assistance under this subchapter, except as provided by Section 21.1115. (b) The commission shall give each interested party an…

Sec. 21.1115. EMERGENCY LOAN OR GRANT. (a) In an emergency, the director or the director's designee may award a loan or grant without holding a public hearing under rules adopted by the commission. (b) Before awarding a contract under this section, the director or the director's …

Sec. 21.112. EXPENDITURE OF AIR FACILITY CONSTRUCTION MONEY BY STATE GOVERNMENTAL ENTITIES. A governmental entity that receives money from the department to establish, construct, reconstruct, enlarge, or repair an airport, airstrip, or air navigational facility shall spend the mo…

Sec. 21.113. AIRPORT HAZARD ZONING ORDINANCE REQUIRED. The department may not pay the final 10 percent of its share of project costs under a grant until the sponsor has enacted an airport hazard zoning ordinance or order under Chapter 241, Local Government Code. Acts 1995, 74th L…

Sec. 21.114. AGENT FOR FEDERAL FUNDS. (a) The department is the agent of the state and of each political subdivision of the state for the purpose of applying for, receiving, and disbursing federal funds for the benefit of a general aviation airport under federal law, including 49…

Sec. 21.115. FUNDING FOR CERTAIN COMMERCIAL SERVICE AIRPORTS. To the extent consistent with federal funding restrictions, a project involving a commercial service airport is eligible for financial assistance under this subchapter, including for inclusion in the aviation facilitie…

Sec. 21.151. INVESTIGATION, INQUIRY, OR HEARING. (a) The department may conduct an investigation, inquiry, or hearing concerning a matter covered by this chapter or a rule or order of the department. (b) The hearing shall be open to the public. Acts 1995, 74th Leg., ch. 165, Sec.…

Sec. 21.152. CONDUCT OF INVESTIGATION, INQUIRY, OR HEARING. A member of the commission, the director, or an officer or employee of the department who has been designated by the commission to hold an investigation, inquiry, or hearing may: (1) administer an oath; (2) certify an of…

Sec. 21.153. NONCOMPLIANCE WITH SUBPOENA OR ORDER. (a) If a person fails to comply with a subpoena or order issued under Section 21.152, the department shall notify the attorney general. (b) The attorney general may bring suit to enforce the subpoena or order in the name of the s…

Sec. 21.154. CIVIL PENALTY. (a) A person, including an officer, agent, servant, or employee of a corporation, is liable for a civil penalty if the person: (1) violates this chapter; (2) violates an order, decision, rule, direction, demand, or requirement of the department adopted…

Sec. 21.155. INJUNCTIVE RELIEF. (a) A district court of a county in which a violation of this chapter or a rule, order, or decree of the department under this chapter has occurred may restrain and enjoin the person who committed the violation from committing a further violation. …

Sec. 21.156. ENFORCEMENT OF CHAPTER. (a) The department may enforce this chapter by revoking or suspending a lease or permit. (b) The department shall notify the attorney general of a violation of this chapter. The attorney general may bring suit to enforce this chapter in a dist…

Sec. 21.157. COOPERATION WITH UNITED STATES IN LAW ENFORCEMENT. The department shall work with agencies of the United States in enforcing the statutes, directives, rules, and regulations of the United States. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.001. DEFINITIONS. In this chapter: (1) "Air navigation facility" means: (A) a facility, other than one owned and operated by the United States, used in or available or designed for use in aid of air navigation, including a structure, mechanism, light, beacon, marker, comm…

Sec. 22.002. PUBLIC PURPOSE; COUNTY OR MUNICIPAL PURPOSE. (a) Subject to Chapter 101, Civil Practice and Remedies Code, the following functions are public and governmental functions, exercised for a public purpose, and matters of public necessity: (1) the acquisition of an intere…

Sec. 22.003. INTERPRETATION AND CONSTRUCTION. This chapter shall be interpreted to make uniform as far as possible the laws and regulations of this state, other states, and the United States relating to local governmental airports. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept…

Sec. 22.011. GENERAL POWERS REGARDING AIRPORTS AND AIR NAVIGATION FACILITIES. (a) A local government may plan, establish, construct, improve, equip, maintain, operate, regulate, protect, and police an airport or air navigation facility in or outside: (1) the territory of the loca…

Sec. 22.012. FINANCING OF AIRPORT FACILITIES. Under Section 52-a, Article III, Texas Constitution, a local government may finance facilities to be located on airport property, other than those described by Section 22.011(b)(1), that the local government determines to be: (1) bene…

Sec. 22.013. ESTABLISHMENT OF AIRPORTS ON PUBLIC WATERS. For the purposes of this chapter, a local government may: (1) establish, acquire, or maintain, in or bordering the territory of the local government, an airport in, over, and on the public water of this state, submerged lan…

Sec. 22.014. RULES AND JURISDICTION. (a) A local government may adopt ordinances, resolutions, rules, and orders necessary to manage, govern, and use an airport or air navigation facility under its control or an airport hazard area relating to the airport. This authority applies …

Sec. 22.015. ENFORCEMENT OF RULES. To enforce an ordinance, resolution, rule, or order adopted under Section 22.014(a), a local government, by ordinance or resolution as appropriate, may appoint airport guards or police, with full police powers, and establish a penalty for a viol…

Sec. 22.016. RELATIONSHIP TO ZONING. This chapter does not: (1) authorize a local government to adopt an ordinance, resolution, rule, or order that establishes zones or otherwise regulates the height of structures or natural growths in an area or in a manner other than as provide…

Sec. 22.017. DELEGATION OF AUTHORITY TO OFFICER, BOARD, OR AGENCY. (a) The governing body of a local government by resolution may delegate to an officer, board, or other local governmental agency any power granted by this chapter to the local government or the governing body for …

Sec. 22.018. DESIGNATION OF TEXAS DEPARTMENT OF TRANSPORTATION AS AGENT IN CONTRACTING AND SUPERVISING. (a) A local government or an owner of an eligible airport may designate the Texas Department of Transportation as its agent in contracting for and supervising the planning, acq…

Sec. 22.019. CONTRACTS. Except as provided by Section 22.0191, a local government may enter into a contract necessary to the execution of a power granted the local government and for a purpose provided by this chapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Am…

Sec. 22.0191. CERTAIN AIRPORT INFRASTRUCTURE OR EQUIPMENT CONTRACTS. (a) This section applies only to an airport infrastructure or equipment contract for the procurement of a passenger boarding bridge at an airport. (b) A local government or a person operating an airport on behal…

Sec. 22.020. OPERATION OF AIRPORT BY ANOTHER. (a) A local government, by contract, lease, or other arrangement, on a consideration fixed by the local government and for a term not to exceed 50 years, may authorize a qualified person to operate, as the agent of the local governmen…

Sec. 22.021. USE OF AIRPORT BY ANOTHER. (a) In operating an airport or air navigation facility that it owns, leases, or controls, a local government may enter into a contract, lease, or other arrangement for a term not exceeding 50 years with a person: (1) granting the privilege …

Sec. 22.022. DURATION OF CERTAIN LEASES. (a) A lease of real property may not exceed 50 years if: (1) the lease is made under Section 22.011(c) or (d), Section 22.020, or Section 22.021; and (2) at the time of the execution of the lease, the property is used as nonaeronautical pr…

Sec. 22.023. LIENS. A local government has a lien on personal property to enforce the payment of a charge for repairs or improvements to, or the storage or care of, the property if the property is made or furnished by the local government or its agents in connection with the oper…

Sec. 22.024. DISPOSAL OF AIRPORT PROPERTY BY LOCAL GOVERNMENT. (a) A local government may dispose of an airport or air navigation facility or other property, or a portion of or interest in property, acquired under this chapter in any manner, subject to the laws of this state or p…

Sec. 22.025. LIMITATION ON DESIGN AND OPERATION OF AIR NAVIGATION FACILITIES. An air navigation facility established or operated by a local government shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state go…

Sec. 22.026. NOISE ABATEMENT. (a) The governing body of a municipality that owns an airport and is a party to an executory grant agreement with the Federal Aviation Administration requiring the municipality to plan, design, and acquire land for a replacement airport shall: (1) co…