Bill Text: TX HB4262 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to liens on aircraft for certain charges.

Spectrum: Partisan Bill (Republican 2-0)

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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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