HBA-MPA H.B. 2008 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2008
By: Walker
Transportation
5/22/1999
Enrolled



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Transportation (TxDOT) is authorized to
enter into contracts for the development of aeronautics, but is required to
submit each contract to the attorney general for approval as to form.  This
is a holdover from the period during which aviation was an independent
agency.  The independent agency, known as the Texas Aeronautics Commission
from 1945 to 1989, became the Texas Department of Aviation in 1989.  In
1991, the Department of Aviation became a division of TxDOT. 

Now that aviation is part of TxDOT, which has its own general counsel's
office, the requirement to have the attorney general approve contracts as
to form is no longer necessary.  TxDOT enters into approximately 150 to 200
contracts per year.  These contracts contain language already approved by
the office of the attorney general.  H.B. 2008 repeals the requirement that
certain contracts that provide for the development of aeronautics be
approved as to form by the attorney general. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer:  Section 21.054(c) (Authority to Contract),
Transportation Code, requiring the Texas Department of Transportation to
submit a contract entered into by TxDOT to the attorney general as to form. 

SECTION 2. Emergency clause.
  Effective date: upon passage.