Bill Text: TX HB4262 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to liens on aircraft for certain charges.
Sponsorship: Partisan Bill (Republican 2)
Status: (Engrossed - Dead) 2019-05-16 - Left pending in committee [HB4262 Detail]
Download: Texas-2019-HB4262-Engrossed.html
| 86R22909 BEE-F | ||
| By: Darby | H.B. No. 4262 | |
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| relating to liens on aircraft for certain charges. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 70.301, Property Code, is amended by | ||
| adding Subsection (c) to read as follows: | ||
| (c) This section applies to the fueling of an aircraft | ||
| without regard to whether the fueling is performed within or | ||
| outside of this state or the United States. This subsection does | ||
| not apply to the fueling of an aircraft owned, leased, or operated | ||
| by or on behalf of an air carrier that is certificated to conduct | ||
| scheduled air transportation services under 14 C.F.R. Part 121. | ||
| SECTION 2. Subchapter D, Chapter 70, Property Code, is | ||
| amended by adding Section 70.3011 to read as follows: | ||
| Sec. 70.3011. PERSONS WHO MAY BIND AIRCRAFT. (a) This | ||
| section does not apply to an aircraft owned, leased, or operated by | ||
| or on behalf of an air carrier that is certificated to conduct | ||
| scheduled air transportation services under 14 C.F.R. Part 121. | ||
| (b) The following persons are presumed to be authorized by | ||
| the owner of an aircraft to incur charges that give rise to a lien on | ||
| the aircraft under this subchapter: | ||
| (1) the managing owner; | ||
| (2) the aircraft's lessee; | ||
| (3) the pilot, copilot, engineer, or first officer; | ||
| (4) the aircraft charter operator; | ||
| (5) the aircraft scheduler, fuel manager, or | ||
| dispatcher; | ||
| (6) the aircraft management company; and | ||
| (7) a person entrusted with possession of the aircraft | ||
| on arrival at a fixed-base operator. | ||
| (c) A person tortiously or unlawfully in possession or | ||
| charge of an aircraft may not bind the aircraft. | ||
| SECTION 3. (a) Section 70.301(c), Property Code, as added | ||
| by this Act, applies only to the fueling of an aircraft performed on | ||
| or after the effective date of this Act. The fueling of an aircraft | ||
| performed before the effective date of this Act is governed by the | ||
| law applicable to the fueling immediately before that date, and the | ||
| former law is continued in effect for that purpose. | ||
| (b) Section 70.3011, Property Code, as added by this Act, | ||
| applies only to a charge that is incurred on or after the effective | ||
| date of this Act. A charge that is incurred before the effective | ||
| date of this Act is governed by the law applicable to the charge | ||
| immediately before that date, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
