Bill Text: TX HB3951 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the functions of the Texas Department of Transportation relating to aircraft owned or leased by the state; authorizing an increase in rates charged for the use of state aircraft to provide for the acquisition of replacement aircraft.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-08 - Committee report sent to Calendars [HB3951 Detail]
Download: Texas-2017-HB3951-Introduced.html
85R11907 JRR-D | ||
By: Gonzales of Williamson | H.B. No. 3951 |
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relating to the functions of the Texas Department of Transportation | ||
relating to aircraft owned or leased by the state; authorizing an | ||
increase in rates charged for the use of state aircraft to provide | ||
for the acquisition of replacement aircraft. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2167.001(a), Government Code, is amended | ||
to read as follows: | ||
(a) This chapter applies to: | ||
(1) office space; | ||
(2) warehouse space; | ||
(3) laboratory space; | ||
(4) storage space exceeding 1,000 gross square feet; | ||
(5) boat storage space; | ||
(6) aircraft hangar space other than hangar space and | ||
adjacent space leased by the Texas Department of Transportation | ||
[ |
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Airport and operated for the purpose of providing air | ||
transportation services for the State of Texas; | ||
(7) vehicle parking space; and | ||
(8) a combination of those kinds of space. | ||
SECTION 2. Section 2175.191(c), Government Code, is amended | ||
to read as follows: | ||
(c) Proceeds from the sale of surplus and salvage property | ||
of the Texas Department of Transportation relating to the | ||
department's duties under Chapter 2205 [ |
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SECTION 3. The heading to Subchapter A, Chapter 2205, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER A. [ |
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SECTION 4. Section 2205.002(1), Government Code, is amended | ||
to read as follows: | ||
(1) "Department [ |
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Transportation [ |
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SECTION 5. Section 2205.012, Government Code, is amended to | ||
read as follows: | ||
Sec. 2205.012. STAFF. [ |
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employ and compensate staff as provided by legislative | ||
appropriation or may use staff provided by the comptroller or the | ||
state auditor's office. | ||
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SECTION 6. Section 2205.032, Government Code, is amended to | ||
read as follows: | ||
Sec. 2205.032. CUSTODY, CONTROL, OPERATION, AND | ||
MAINTENANCE. (a) The department [ |
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the custody, control, operation, and maintenance of all aircraft | ||
owned or leased by the state. | ||
(b) The department [ |
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appropriated for that purpose. | ||
(c) As part of the strategic plan that the department | ||
[ |
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[ |
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The department [ |
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long-range plan in the department's [ |
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appropriations request if the department identifies the need for | ||
additional appropriations and the additional appropriations are | ||
related to the department's duties under this chapter. The | ||
long-range plan must include: | ||
(1) estimates of future aircraft replacement needs and | ||
other fleet management needs, including: | ||
(A) any projected need to increase or decrease | ||
the number of aircraft in the pool; | ||
(B) estimates of the remaining useful life for | ||
each aircraft in the pool; and | ||
(C) a proposed schedule for replacing aircraft in | ||
the pool; | ||
(2) a range of alternatives and scenarios for the | ||
number and types of aircraft in the pool; | ||
(3) an analysis of current usage of aircraft in the | ||
pool, including customer base and documented rationale for use; | ||
(4) the status of maintenance time and costs and | ||
projected future trends regarding maintenance time and costs; | ||
(5) any documented high-risk mechanical issues with | ||
aircraft in the pool; | ||
(6) an analysis of the costs and benefits of different | ||
methods for meeting air transportation currently provided by the | ||
department under Section 2205.036, including: | ||
(A) the potential use of statewide contracts for | ||
private charter aircraft services; | ||
(B) increased reliance on commercial carriers | ||
for routine travel; | ||
(C) decreasing the number of aircraft in the pool | ||
and increasing the use of contracted flight services; and | ||
(D) any other method the department considers | ||
feasible; and | ||
(7) an analysis of the impact of including capital | ||
recovery costs in the rates the department charges under Section | ||
2205.040 that, at a minimum, includes the impact of those included | ||
costs on customer utilization and the department's schedule for | ||
replacing aircraft in the pool. | ||
(d) In developing the long-range plan, the department | ||
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(1) how much the aircraft is used and the purposes for | ||
which the aircraft [ |
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(2) the cost of operating the aircraft and the revenue | ||
generated by the aircraft; and | ||
(3) the demand for the aircraft or for that type of | ||
aircraft. | ||
(e) The department shall update the long-range plan | ||
annually and make the plan available on the department's Internet | ||
website. | ||
SECTION 7. Section 2205.034, Government Code, is amended to | ||
read as follows: | ||
Sec. 2205.034. FACILITIES. (a) The department [ |
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acquire appropriate facilities for the accommodation of all | ||
aircraft owned or leased by the state. The facilities may be | ||
purchased or leased as determined by the department [ |
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most economical for the state and as provided by legislative | ||
appropriations. The facilities may include adequate hangar space, | ||
an indoor passenger waiting area, a flight-planning area, | ||
communications facilities, and other related and necessary | ||
facilities. | ||
(b) A state agency that operates an aircraft may not use a | ||
facility in Austin other than a facility operated by the department | ||
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aircraft, whether or not the aircraft is based in Austin. In a | ||
situation the department [ |
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department [ |
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Austin other than a department [ |
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parking, fueling, or maintenance of an aircraft. | ||
SECTION 8. Section 2205.035, Government Code, is amended to | ||
read as follows: | ||
Sec. 2205.035. AIRCRAFT LEASES. (a) The department | ||
[ |
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state agency. | ||
(b) A state agency that is the prior owner or lessee of an | ||
aircraft has the first option to lease that aircraft from the | ||
department [ |
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(c) The lease may provide for operation or maintenance by | ||
the department [ |
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(d) A state agency may not expend appropriated funds for the | ||
lease of an aircraft unless the department [ |
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lease or approves the lease [ |
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(e) A state agency may not use money appropriated by the | ||
legislature to rent or lease aircraft except from the department | ||
[ |
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subsection and Subsection (f), payments of mileage reimbursements | ||
provided for by the General Appropriations Act are not rentals or | ||
leases of aircraft. | ||
(f) If the department [ |
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state-owned aircraft is available to meet a transportation need | ||
that has arisen or that a rental or lease of aircraft would reduce | ||
the state's transportation costs, the department [ |
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authorize a state agency to expend funds for the rental or lease of | ||
aircraft, which may include a helicopter. | ||
SECTION 9. Section 2205.036, Government Code, is amended to | ||
read as follows: | ||
Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The | ||
department [ |
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extent that its aircraft are available, to: | ||
(1) state officers and employees who are traveling on | ||
official business according to the coordinated passenger | ||
scheduling system and the priority scheduling system developed as | ||
part of the aircraft operations manual under Section 2205.038; | ||
(2) persons in the care or custody of state officers or | ||
employees described by Subdivision (1); and | ||
(3) persons whose transportation furthers official | ||
state business. | ||
(b) The department [ |
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transportation to a passenger if the passenger is to be transported | ||
to or from a place where the passenger: | ||
(1) will make or has made a speech not related to | ||
official state business; | ||
(2) will attend or has attended an event sponsored by a | ||
political party; | ||
(3) will perform a service or has performed a service | ||
for which the passenger is to receive an honorarium, unless the | ||
passenger reimburses the department [ |
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transportation; | ||
(4) will attend or has attended an event at which money | ||
is raised for private or political purposes; or | ||
(5) will attend or has attended an event at which an | ||
audience was charged an admission fee to see or hear the passenger. | ||
(c) The department [ |
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transportation to a destination unless: | ||
(1) the destination is not served by a commercial | ||
carrier; | ||
(2) the aircraft transportation is the most | ||
cost-effective travel arrangement in accordance with Section | ||
660.007(a) [ |
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(3) the number of passengers traveling makes the use | ||
of a state aircraft cost-effective; or | ||
(4) emergency circumstances necessitate the use of a | ||
state aircraft. | ||
(d) Before the executive director of the department or the | ||
director's designee may authorize a person to use a state-operated | ||
aircraft, the person must sign an affidavit stating that the person | ||
is traveling on official state business. On filing of the | ||
affidavit, the person may be authorized to use state-operated | ||
aircraft for official state business for a period of one year. A | ||
member of the legislature is not required to receive any other | ||
additional authorization to use a state-operated aircraft. | ||
(e) Before the executive director of the department or the | ||
director's designee may authorize an employee of a state agency to | ||
use a state-operated aircraft, the administrative head of the state | ||
agency must certify that the employee's transportation complies | ||
with the requirements of this section. | ||
SECTION 10. Section 2205.038, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The | ||
department [ |
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(1) prepare a manual that establishes minimum | ||
standards for the operation of aircraft by state agencies; and | ||
(2) adopt procedures for the distribution of the | ||
manual to state agencies. | ||
(b) The manual must include provisions for: | ||
(1) pilot certification standards, including medical | ||
requirements for pilots; | ||
(2) recurring training programs for pilots; | ||
(3) general operating and flight rules; | ||
(4) coordinated passenger scheduling; and | ||
(5) other issues the department [ |
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necessary to ensure the efficient and safe operation of aircraft by | ||
a state agency. | ||
(c) The department [ |
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written advice of state agencies the department [ |
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are principal users of aircraft operated by the department [ |
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and, to the extent practicable, incorporate that advice in the | ||
development of the manual and subsequent changes to the manual. | ||
(d) The department [ |
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elected by statewide election priority in the scheduling of | ||
aircraft. The department [ |
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notice by the officer to obtain the priority in scheduling. | ||
SECTION 11. Section 2205.039, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget | ||
Board, in cooperation with the department [ |
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(1) a travel log form for gathering information about | ||
the use of state-operated aircraft; | ||
(2) procedures to ensure that individuals who travel | ||
as passengers on or operate state-operated aircraft provide in a | ||
legible manner the information requested of them by the form; and | ||
(3) procedures for each state agency that operates an | ||
aircraft for sending the form to the department [ |
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Legislative Budget Board. | ||
(b) The travel log form must request the following | ||
information about a state-operated aircraft each time the aircraft | ||
is flown: | ||
(1) a mission statement, which may appear as a | ||
selection to be identified from general categories appearing on the | ||
form; | ||
(2) the name, state agency represented, destination, | ||
and signature of each person who is a passenger or crew member of | ||
the aircraft; | ||
(3) the date of each flight; | ||
(4) a detailed and specific description of the | ||
official business purpose of each flight; and | ||
(5) other information determined by the Legislative | ||
Budget Board and the department [ |
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the proper use of the aircraft. | ||
(c) A state agency other than the department [ |
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to the department on an annual basis. An agency is not required to | ||
file a travel log with the department if the agency did not operate | ||
an aircraft during the period covered by the travel log. | ||
SECTION 12. Section 2205.040, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.040. RATES AND BILLING PROCEDURES; ACCOUNT FOR | ||
CAPITAL REPLACEMENT COSTS. (a) Subject to Subsection (b), the | ||
department [ |
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services that are sufficient to recover, in the aggregate and to the | ||
extent possible, all direct costs for the services provided, | ||
including a state agency's pro rata share of major maintenance, | ||
overhauls of equipment and facilities, and pilots' salaries. | ||
(b) If the department's most recent long-term plan contains | ||
an analysis under Section 2205.032(c)(7) that finds that including | ||
capital recovery costs in the rates the department charges under | ||
this section is a practicable fleet replacement strategy, the | ||
department may adopt rates for interagency aircraft services | ||
provided by the department that are sufficient to recover, in the | ||
aggregate and to the extent possible: | ||
(1) all direct costs for services provided, as | ||
provided by Subsection (a); and | ||
(2) the capital costs of replacing aircraft in the | ||
pool. | ||
(c) The Legislative Budget Board, in cooperation with the | ||
department [ |
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procedure for passenger travel on state-operated aircraft. | ||
(d) If the department adopts rates under Subsection (b), the | ||
portion of the rates collected for the capital costs of replacing | ||
aircraft in the pool shall be deposited in a separate account in the | ||
state highway fund. Money in the account may be used only for the | ||
acquisition of aircraft for the pool operated by the department | ||
under Section 2205.032. | ||
SECTION 13. Section 2205.041, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.041. AIRCRAFT USE FORM. (a) The department | ||
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(1) an annual aircraft use form for gathering | ||
information about the use of state-operated aircraft, including the | ||
extent to which and the methods by which the goal provided by | ||
Section 2205.031(b) is being met; and | ||
(2) procedures for each state agency that operates an | ||
aircraft for sending the form to the department. | ||
(b) The aircraft use form must request the following | ||
information about each aircraft a state agency operates: | ||
(1) a description of the aircraft; | ||
(2) the date purchased or leased and the purchase | ||
price or lease cost; | ||
(3) the number of annual hours flown; | ||
(4) the annual operating costs; | ||
(5) the number of flights and the destinations; | ||
(6) the travel logs prepared under Section 2205.039; | ||
and | ||
(7) any other information the department [ |
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cost-efficient use of the aircraft. | ||
SECTION 14. Section 2205.042, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.042. PILOTS. An individual who is not a pilot | ||
employed by the department [ |
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aircraft unless the department [ |
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specific exemption from that requirement. | ||
SECTION 15. Section 2205.043(b), Government Code, is | ||
amended to read as follows: | ||
(b) The department [ |
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with federal regulations and Section 3101.001, governing the color, | ||
size, and location of marks of identification required by this | ||
section. | ||
SECTION 16. Section 2205.044, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The | ||
department [ |
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governmental agency or a political subdivision to provide aircraft | ||
fuel or to provide aircraft maintenance services. | ||
SECTION 17. Section 2205.045(a), Government Code, is | ||
amended to read as follows: | ||
(a) The department [ |
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protect the department [ |
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theft, or destruction of aircraft owned or leased by the state and | ||
shall purchase liability insurance to protect the officers and | ||
employees of each state agency from loss arising from the operation | ||
of state-owned aircraft. | ||
SECTION 18. Section 2205.046, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.046. AIRCRAFT FOR FLIGHT TRAINING PROGRAMS. (a) | ||
The department [ |
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institute or other public postsecondary educational institution | ||
for use in the institution's flight training program. Except as | ||
provided by this section, the department [ |
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responsibility for continued maintenance of aircraft transferred | ||
under this section. | ||
(b) As a condition to the transfer of the aircraft, the | ||
institution must certify in writing to the department [ |
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the institution will accept full responsibility for maintenance of | ||
the aircraft and that it will be properly maintained while in the | ||
custody and control of the institution. The department [ |
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entitled to inspect the aircraft without notice for the purpose of | ||
ensuring [ |
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(c) The department [ |
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and control of a transferred aircraft on a finding by the department | ||
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(1) the aircraft is not being properly maintained; | ||
(2) the aircraft is being used for a purpose other than | ||
flight training; or | ||
(3) the institution has discontinued its flight | ||
training program. | ||
SECTION 19. Section 2205.047, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.047. INFORMATION POSTED ON THE INTERNET. The | ||
department [ |
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other services provided by the department [ |
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website [ |
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site must be generally accessible to state agencies, persons who | ||
use the department's [ |
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appropriate, the general public. | ||
SECTION 20. Section 21.069(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department[ |
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Texas that is open to the general public. | ||
SECTION 21. Sections 2205.003, 2205.004, 2205.005, | ||
2205.006, 2205.007, 2205.008, 2205.009, 2205.010, 2205.011, | ||
2205.013, 2205.014, 2205.015, and 2205.017, Government Code, are | ||
repealed. | ||
SECTION 22. Not later than September 1, 2018, the Texas | ||
Department of Transportation shall adopt the first long-range plan | ||
containing the information required by Section 2205.032(c), | ||
Government Code, as amended by this Act. | ||
SECTION 23. This Act takes effect September 1, 2017. |