84R4338 ATP-F
 
  By: Seliger S.B. No. 803
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.