2005 Texas Government Code CHAPTER 2205. AIRCRAFT POOLING

GOVERNMENT CODE

CHAPTER 2205. AIRCRAFT POOLING

SUBCHAPTER A. STATE AIRCRAFT POOLING BOARD;  GENERAL PROVISIONS


	§ 2205.001. SHORT TITLE.  This chapter may be cited as the 
State Aircraft Pooling Act.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.002. DEFINITIONS.  In this chapter:                                  
		(1)  "Board" means the State Aircraft Pooling Board.                          
		(2)  "State agency" means an office, department, board, 
commission, institution, or other agency to which a legislative 
appropriation is made.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.003. ESTABLISHMENT.  The State Aircraft Pooling 
Board is an agency of the state.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.004. COMPOSITION OF BOARD;  TERMS.  (a) The board 
is composed of:  
		(1)  a member appointed by the governor;                                      
		(2)  a member appointed by the lieutenant governor;                           
		(3)  a member appointed by the speaker of the house of 
representatives;  and
		(4)  a representative of the Texas Building and 
Procurement Commission, designated from time to time by the 
presiding officer of the commission.
	(b)  The three appointed members of the board hold office for 
staggered terms of six years, with the term of one member expiring 
on January 31 of each odd-numbered year.  The original appointing 
authority shall fill any vacancy for the unexpired portion of the 
term.
	(c)  The representative of the Texas Building and 
Procurement Commission is an ex officio, nonvoting member of the 
board and serves only in an advisory capacity.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 2003, 78th Leg., ch. 785, § 40, eff. Sept. 1, 
2003.


	§ 2205.005. APPOINTMENTS.  Appointments to the board 
shall be made without regard to the race, color, handicap, sex, 
religion, age, or national origin of the appointees.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.006. ELIGIBILITY.  Each appointed member of the 
board must be a representative of the general public.  A person is 
not eligible for appointment as a public member of the board if the 
person or the person's spouse:
		(1)  is employed by or participates in the management 
of a business entity or other organization receiving funds from the 
board;
		(2)  owns or controls, directly or indirectly, more 
than a 10 percent interest in a business entity or other 
organization receiving funds from the board;  or
		(3)  uses or receives a substantial amount of tangible 
goods, services, or funds from the board, other than compensation 
or reimbursement authorized by law for board membership, 
attendance, or expenses.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.007. CONFLICTS OF INTEREST.  (a) A person may not 
serve as a member of the board or act as the general counsel to the 
board if the person is required to register as a lobbyist under 
Chapter 305 because of the person's activities for compensation on 
behalf of a profession related to the operation of the board.
	(b)  An officer, employee, or paid consultant of a Texas 
trade association in the field of aircraft sales and leasing may not 
be a board member or a board employee who is exempt from the state's 
position classification plan or is compensated at or above the 
amount prescribed by the General Appropriations Act for step 1, 
salary group 17, of the position classification salary schedule.
	(c)  A person who is the spouse of an officer, manager, or 
paid consultant of a Texas trade association in the field of 
aircraft sales and leasing may not be a board member and may not be a 
board employee who is exempt from the state's position 
classification plan or is compensated at or above the amount 
prescribed by the General Appropriations Act for step 1, salary 
group 17, of the position classification salary schedule.
	(d)  For the purposes of this section, a Texas trade 
association is a nonprofit, cooperative, and voluntarily joined 
association of business or professional competitors in this state 
designed to assist its members and its industry or profession in 
dealing with mutual business or professional problems and in 
promoting their common interest.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.008. INFORMATION ABOUT QUALIFICATIONS AND 
STANDARDS OF CONDUCT.  The board shall provide to its members and 
employees, as often as necessary, information regarding their 
qualifications for office or employment under this chapter and 
their responsibilities under applicable laws relating to standards 
of conduct for state officers or employees.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.009. REMOVAL.  (a) It is a ground for removal of an 
appointed member from the board if the member:
		(1)  does not have at the time of appointment the 
qualifications required by Section 2205.006;
		(2)  does not maintain during service on the board the 
qualifications required by Section 2205.006;
		(3)  violates a prohibition established by Section 
2205.007;                
		(4)  cannot discharge because of illness or disability 
the member's duties for a substantial part of the term for which the 
member is appointed;  or
		(5)  is absent from more than half of the regularly 
scheduled board meetings that the member is eligible to attend 
during a calendar year unless the absence is excused by majority 
vote of the board.
	(b)  The validity of an action of the board is not affected by 
the fact that it is taken when a ground for removal of a board member 
exists.
	(c)  If the executive director has knowledge that a potential 
ground for removal exists, the executive director shall notify the 
presiding officer of the board of the ground.  The presiding officer 
shall then notify the governor that a potential ground for removal 
exists.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.010. PRESIDING OFFICER;  MEETINGS;  QUORUM.  (a) 
The voting members of the board biennially shall elect a voting 
member of the board as presiding officer.
	(b)  The board shall adopt rules for calling and holding 
meetings and conducting business.
	(c)  Two voting members of the board constitute a quorum.                      

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.011. PUBLIC ACCESS AND TESTIMONY.  (a) The board 
shall prepare and maintain a written plan that describes how a 
person who does not speak English or who has a physical, mental, or 
developmental disability can be provided reasonable access to the 
board's programs.
	(b)  The board shall develop and implement policies that 
provide the public with a reasonable opportunity to appear before 
the board and to speak on any issue under the jurisdiction of the 
board.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.012. STAFF.  (a) The board may employ and 
compensate staff as provided by legislative appropriation or may 
use staff provided by the General Services Commission or the state 
auditor's office.
	(b)  The board shall develop and implement policies that 
clearly define the respective responsibilities of the board and the 
staff the board uses.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.013. MERIT PAY.  The executive director or the 
executive director's designee shall develop a system of annual 
performance evaluations.  All merit pay for board staff must be 
based on the system established under this section.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.014. CAREER LADDER.  The executive director or the 
executive director's designee shall develop an intraagency career 
ladder program.  The program shall require intraagency postings of 
all non-entry-level positions concurrently with any public 
posting.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.015. EQUAL EMPLOYMENT OPPORTUNITY.  (a) The 
executive director or the executive director's designee shall 
prepare and maintain a written policy statement to assure 
implementation of a program of equal employment opportunity under 
which all personnel transactions are made without regard to race, 
color, handicap, sex, religion, age, or national origin.  The 
policy statement must include:
		(1)  personnel policies, including policies relating 
to recruitment, evaluation, selection, appointment, training, and 
promotion of personnel;
		(2)  a comprehensive analysis of the board's work force 
that meets federal and state guidelines;
		(3)  procedures by which a determination can be made of 
significant underuse in the board's work force of all persons for 
whom federal or state guidelines encourage a more equitable 
balance;  and
		(4)  reasonable methods to appropriately address those 
areas of significant underuse.
	(b)  A policy statement prepared under Subsection (a) must 
cover an annual period, be updated at least annually, and be filed 
with the governor's office.
	(c)  The governor's office shall deliver a biennial report to 
the legislature based on the information received under Subsection 
(b).  The report may be made separately or as a part of other 
biennial reports made to the legislature.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.016. ANNUAL REPORT.  (a) The board shall file 
annually with the governor and the presiding officer of each house 
of the legislature a complete and detailed written report 
accounting for all funds received and disbursed by the board during 
the preceding fiscal year.
	(b)  The annual report must be in the form and reported in the 
time provided by the General Appropriations Act.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.017. INFORMATION ON COMPLAINTS.  (a) The board 
shall maintain a file on each written complaint filed with the 
board.  The file must include:
		(1)  the name of the person who filed the complaint;                          
		(2)  the date the complaint is received by the board;                         
		(3)  the subject matter of the complaint;                                     
		(4)  the name of each person contacted in relation to 
the complaint;        
		(5)  a summary of the results of the review or 
investigation of the complaint;  and
		(6)  an explanation of the reason the file was closed, 
if the board closed the file without taking action other than to 
investigate the complaint.
	(b)  The board shall provide to the person filing the 
complaint and to each person who is a subject of the complaint a 
copy of the board's policies and procedures relating to complaint 
investigation and resolution.
	(c)  The board, at least quarterly until final disposition of 
the complaint, shall notify the person filing the complaint and 
each person who is a subject of the complaint of the status of the 
investigation unless the notice would jeopardize an undercover 
investigation.

Added by Acts 2001, 77th Leg., ch. 1232, § 1, eff. Sept. 1, 2001.          


	§ 2205.018. STATE EMPLOYEE INCENTIVE PROGRAM.  The 
executive director or the executive director's designee shall 
provide to employees of the board information and training on the 
benefits and methods of participation in the state employee 
incentive program.

Added by Acts 2001, 77th Leg., ch. 1232, § 1, eff. Sept. 1, 2001.          

SUBCHAPTER B. STATE AIRCRAFT


	§ 2205.031. APPLICABILITY OF CHAPTER TO STATE 
AIRCRAFT.  (a) This chapter applies to all aircraft owned or leased 
by the state, except as provided by Section 2205.033.
	(b)  Each state agency shall use state-owned aircraft to the 
extent feasible.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 280, § 11, eff. Sept. 1, 
1999.


	§ 2205.032. CUSTODY, CONTROL, OPERATION, AND 
MAINTENANCE.  (a) The board shall operate a pool for the custody, 
control, operation, and maintenance of all aircraft owned or leased 
by the state.
	(b)  The board may purchase aircraft with funds appropriated 
for that purpose.
	(c)  As part of the strategic plan that the board develops 
and submits under Chapter 2056, the board shall develop a 
long-range plan for its pool of aircraft.  The board shall include 
appropriate portions of the long-range plan in its legislative 
appropriations request.  The long-range plan must include estimates 
of future aircraft replacement needs and other fleet management 
needs, including any projected need to increase or decrease the 
number of aircraft in the pool.  In developing the long-range plan, 
the board shall consider at a minimum for each aircraft in the pool:
		(1)  how much the aircraft is used and the purposes for 
which it is used;   
		(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.              

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 2001, 77th Leg., ch. 1232, § 2, eff. Sept. 1, 
2001.


	§ 2205.033. TEXAS A&M UNIVERSITY SYSTEM AIRCRAFT.  (a) 
The board of regents of The Texas A&M University System is primarily 
responsible for scheduling Texas A&M University System aircraft.
	(b)  The Texas A&M University System shall base Texas A&M 
University System aircraft in Brazos County.
	(c)  A pilot of Texas A&M University System aircraft must be 
an employee of The Texas A&M University System.
	(d)  In this section, "Texas A&M University System aircraft" 
means aircraft owned on August 31, 1991, or acquired after that date 
by The Texas A&M University System or one of its components.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.034. FACILITIES.  (a) The board may 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 board to be 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 board for 
the storage, parking, fueling, or maintenance of the aircraft, 
whether or not the aircraft is based in Austin.  In a situation the 
board determines to be an emergency, the board may authorize a state 
agency to use a facility in Austin other than a board facility for 
the storage, parking, fueling, or maintenance of an aircraft.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.035. AIRCRAFT LEASES.  (a) The board by 
interagency contract may lease state-owned aircraft to a 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 board.
	(c)  The lease may provide for operation or maintenance by 
the board or the state agency.
	(d)  A state agency may not expend appropriated funds for the 
lease of an aircraft unless the board executes the lease or approves 
the lease by board order.
	(e)  A state agency may not use money appropriated by the 
legislature to rent or lease aircraft except from the board or as 
provided by Subsection (f).  For purposes of this 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 board determines that no 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 board shall authorize a state agency to expend funds for 
the rental or lease of aircraft, which may include a helicopter.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 280, § 12, eff. Sept. 1, 
1999.


	§ 2205.036. PASSENGER TRANSPORTATION.  (a) The board 
shall provide aircraft transportation, to the 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 board may not provide aircraft 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 board for the cost of 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 board may not provide aircraft transportation to a 
destination unless:
		(1)  the destination is not served by a commercial 
carrier;                 
		(2)  the time required to use a commercial carrier 
interferes with passenger obligations;  or
		(3)  the number of passengers traveling makes the use 
of state aircraft cost-effective.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 280, § 13, eff. Sept. 1, 
1999.


	§ 2205.037. USE FOR POLITICAL PURPOSES;  CIVIL 
LIABILITY.  (a) A person may not use a state-owned aircraft solely 
for political purposes or spend state funds for the use of an 
aircraft solely for political purposes.
	(b)  A person who violates this section is civilly liable to 
the state for the costs incurred by the state because of the 
violation.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.038. AIRCRAFT OPERATIONS MANUAL.  (a) The board 
shall:             
		(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 board determines are necessary to 
ensure the efficient and safe operation of aircraft by a state 
agency.
	(c)  The board shall confer with and solicit the written 
advice of state agencies the board determines are principal users 
of aircraft operated by the board and, to the extent practicable, 
incorporate that advice in the development of the manual and 
subsequent changes to the manual.
	(d)  The board shall give an officer normally elected by 
statewide election priority in the scheduling of aircraft.  The 
board by rule may require a 12-hour notice by the officer to obtain 
the priority in scheduling.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 280, § 14, eff. Sept. 1, 
1999.


	§ 2205.039. TRAVEL LOG.  (a) The Legislative Budget 
Board, in cooperation with the board, shall prescribe:
		(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 board and the 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 board to be necessary to monitor the proper use 
of the aircraft.
	(c)  A state agency other than the board shall send travel 
logs to the board each month in which the agency operates an 
aircraft.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 281, § 11, eff. Sept. 1, 
1999.


	§ 2205.040. RATES AND BILLING PROCEDURES.  (a) The board 
shall adopt rates for interagency aircraft 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)  The Legislative Budget Board, in cooperation with the 
board and the state auditor, shall prescribe a billing procedure 
for passenger travel on state-operated aircraft.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 280, § 15, eff. Sept. 1, 
1999.


	§ 2205.041. AIRCRAFT USE FORM.  (a) The Legislative 
Budget Board, in cooperation with the board, shall prescribe:
		(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 board and the Legislative 
Budget Board.
	(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 Legislative Budget Board 
requires to document the proper or cost-efficient use of the 
aircraft.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 280, § 16, eff. Sept. 1, 
1999;  Acts 1999, 76th Leg., ch. 281, § 12, eff. Sept. 1, 1999.


	§ 2205.042. PILOTS.  An individual who is not a pilot 
employed by the board may not operate a state-operated aircraft 
unless the board grants the individual a specific exemption from 
that requirement.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.043. AIRCRAFT MARKING.  (a) Each aircraft owned or 
leased by the state, other than an aircraft used for law enforcement 
purposes, shall be marked:
		(1)  with the state seal on each side of the aircraft's 
vertical stabilizer;  and
		(2)  with the words "The State of Texas" on each side of 
the aircraft's fuselage.
	(b)  The board shall adopt rules, consistent with federal 
regulations and Article 6139f, Revised Statutes, governing the 
color, size, and location of marks of identification required by 
this section.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 5.39(a), eff. Sept. 1, 
1995.


	§ 2205.044. FUEL AND MAINTENANCE CONTRACTS.  The board 
may contract with a state or federal governmental agency or a 
political subdivision to provide aircraft fuel or to provide 
aircraft maintenance services.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 2205.045. INSURANCE.  (a) The board may purchase 
insurance to protect the board from loss caused by damage, loss, 
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.
	(b)  The insurance must be on a form approved by the State 
Board of Insurance.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 280, § 17, eff. Sept. 1, 
1999.


	§ 2205.046. AIRCRAFT FOR FLIGHT TRAINING PROGRAMS.  (a) 
The board may transfer aircraft to a public technical institute or 
other public postsecondary educational institution for use in the 
institution's flight training program.  Except as provided by this 
section, the board has no 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 board that 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 board is entitled to 
inspect the aircraft without notice for the purpose of insuring 
that the aircraft are properly maintained.
	(c)  The board may immediately reassume custody and control 
of a transferred aircraft on a finding by the board that:
		(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.          

Added by Acts 1997, 75th Leg., ch. 280, § 1, eff. May 26, 1997.            


	§ 2205.047. INFORMATION POSTED ON THE INTERNET.  The 
board shall post information related to travel and other services 
provided by the board on an Internet site maintained by or for the 
board.  The site must be generally accessible to state agencies, 
persons who use the board's services, and, to the extent 
appropriate, the general public.

Added by Acts 2001, 77th Leg., ch. 1232, § 3, eff. Sept. 1, 2001.