SECTION 30.203. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Airport--An area of land that is designated for the landing and takeoff of aircraft.

(2) Airport hazard--Any structure, flora, or use of land which obstructs the airspace required for the flight of aircraft in landing or takeoff at any airport or is otherwise hazardous to such landing or takeoff of aircraft. For further definition, see the Local Government Code, §§241.001 et seq.

(3) Airport Project Participation Agreement--An intergovernmental agreement between the department and the sponsor which grants financial assistance.

(4) Aviation Advisory Committee--The committee appointed under Transportation Code, §21.003.

(5) Aviation Facilities Capital Improvement Program (CIP)--A multi-year capital improvement program, prepared by the division and approved by the commission which identifies projects to be considered for financial assistance.

(6) Commission--The Texas Transportation Commission.

(7) Department--The Texas Department of Transportation.

(8) Director--The director of the Aviation Division of the Texas Department of Transportation.

(9) Division--The aviation division of the Texas Department of Transportation.

(10) Emergency--A situation or condition at a general aviation airport which requires immediate attention due to an existing unsafe condition. The condition should be of sufficient concern to require the filing of a Notice to Airman with the Federal Aviation Administration under FAA Order 7930.2E until the safety concern has been resolved.

(11) Executive director--The executive director of the Texas Department of Transportation.

(12) Grant--An offer of financial assistance of state and/or federal funds to improve, repair, upgrade, or add to an airport included in the Texas Airport System Plan. A grant with federal funds requires a match of 10% from state and/or local funds. A grant with state funds must be matched with at least 10% local funds.

(13) Hazard zoning--Zoning pursuant to the provisions of the Local Government Code, §§241.001 et seq., for the purpose of protecting the aerial approaches to an airport.

(14) Intergovernmental Agreement--A formal written agreement between the sponsor and the division, specifying the duties and obligations of the department and the sponsor, and the terms and conditions of a grant of state and/or financial assistance. The department issues two aviation intergovernmental agreements titled Airport Project Participation Agreement and Loan Agreement.

(15) Letter of Intent--The sponsor's formal commitment to proceed with an airport improvement project, signed by the chief elected official, including a description and cost estimate of the project, and accompanied by a resolution adopted by the sponsor's governing body indicating the sponsor's willingness to participate in the local share of project costs.

(16) Letter of interest--A preliminary statement submitted by a sponsor to indicate the sponsor's desire to be included in the program and to provide a basis for programming available funds.

(17) Loan--An intergovernmental agreement between the department and a sponsor which provides state financial assistance to be repaid to the department at a specific interest rate and over a specific time period.

(18) Local funds--Cash, in-kind contributions, or force account work remitted by a local airport sponsor as its share of project costs for an airport development project.

(19) Program--The Texas Aviation Facilities Development Program, which includes the administration of federal Airport Improvement Program grants to general aviation airports, and state grants and loans.

(20) Project--Design and construction of improvements to, or planning of an airport or air navigational facility as part of the program.

(21) Sponsor--Any eligible state agency or governmental entity seeking state or federal aid under the program.

(22) Staff--Employees of the aviation division of the Texas Department of Transportation.

Source Note: The provisions of this §30.203 adopted to be effective September 27, 1990, 15 TexReg 5366; transferred effective September 1, 1993, as published in the Texas Register August 27, 1993, 18 TexReg 5768; amended to be effective May 24, 1995, 20 TexReg 3575; amended to be effective February 21, 1996, 21 TexReg 979; amended to be effective March 15, 2017, 42 TexReg 1153