A local government operating an airport or air navigation facility may make contracts and set charges or fees, but the charges must be reasonable and uniform, and most arrangements cannot run longer than 50 years.
Sec. 22.021. USE OF AIRPORT BY ANOTHER. (a) In operating an airport or air navigation facility that it owns, leases, or controls, a local government may enter into a contract, lease, or other arrangement for a term not exceeding 50 years with a person: (1) granting the privilege of using or improving the airport or air navigation facility, a portion or facility of the airport or air navigation facility, or space in the airport or air navigation facility for commercial purposes; (2) conferring the privilege of supplying goods, services, or facilities at the airport or air navigation facility; or (3) making available services to be furnished by the local government or its agents at the airport or air navigation facility. (b) In entering into the contract, lease, or other arrangement, the local government may establish the terms and fix the charges, rentals, or fees for the privileges or services. The charges, rentals, and fees must be reasonable and uniform for the same class of privilege or service and shall be established with due regard to the property and improvements used and the expenses of operation to the local government. (c) An arrangement made under this section must be made subject to the terms of a grant, loan, or agreement under Section 22.055. (d) The 50-year limit on the term of a contract, lease, or other arrangement provided by Subsection (a) does not apply to a contract, lease, or other arrangement under this section between a local government and this state, the United States, or an agency or instrumentality of this state or the United States. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 557, Sec. 1, eff. June 2, 1997. Amended by: Acts 2023, 88th Leg., R.S., Ch. 257 (S.B. 1716), Sec. 2, eff. September 1, 2023.