THE ATTORNEY GENERAL
OF TEXAS
March 4, 1988
Mr. Steven E. Cone, Jr. Opinion No. JM-868
Chairman
Texas Aeronautics Commission Re: Whether an air carrier
P. 0. Box 12607 operating on an interstate
Austin, Texas 78711 or international basis is
exempt from the provisions
of article 46c-6, V.T.C.S.,
and related questions
(RQ-1201)
Dear Mr. Cone:
You ask our opinion on several questions concerning
the authority of the Texas Aeronautics Commission over
interstate air carriers. We follow each of your questions
with our answer. In view of our answers to your first two
questions, we need not address any of the others.
Question One: Does the definition of the term "air
carrier" in the Texas Aeronautics Act, article 46c-1 et
SesLr V.T.C.S., exempt air carriers operating on an
interstate or international basis from the provisions and
requirements of carriers subject to the Aeronautics Act as
set forth in subdivision 3(a)-(g) of article 46c-6,
V.T.C.S?
Answer to Question One: Article 46c-l(e) of the Texas
Aeronautics Act defines "air carrier" to mean
every person owning, controlling, operating
or managing any aircraft as a common carrier
in the transportation of persons or property
for compensation or hire which conducts all
or part of its operations in the State of
Texas: provided that th term 'air carrier'
as used in this Act shtll not include, and
this Act does not aoDlv to. air carriers
carrvina oassenaers or oronertv as common
carriers for comnensation or hire in com-
merce between a olace in this state and a
p. 4208
Mr. Stephen E. Cone - Page 2 (JM-868)
pla e outside of this state. (Emphasis
addzd.)
V.T.C.S. art. 46c-l(e).
Thus, m provision of the Texas Aeronautics Act
applies to entities carrying passengers or property as a
common carrier for hire between any point in Texas and any
point outside of the state. The statute quoted above
twice states that interstate carriers are beyond the reach
of the Texas Aeronautics Act. None of the provisions of
subdivision ~3 of article 46c-6 of the Act -- which grants
the Aeronautics Commission the power to lqpromulgate and
administer economic rules and regulations over air
carriers," including the authority to provide the certifi-
cation necessary to operate an air carrier -- apply to
such entities. See aenerallv V.T.C.S. art. 46c-6, subdiv.
3 (a)-(g).
Question Two: Does the following provision in subdivision
3(b) of article 46c-6 apply to air carriers originally
granted certification by the Texas Aeronautics Commission
to operate solely on an intrastate basis but that are now
operating on an interstate basis: ?
No air carrier shall operate as such, after
this Act goes into effect, without having
first obtained from the Commission a
certificate; provided, however that all
operating rights and privileges granted to
any air carrier by the Commission prior to
the passage of this Act shall continue in
effect, authorizing the same service under
the same terms and conditions as previously
granted by the Commission.
Answer to Question Two: We assume that your question is
based on a factual situation involving an air carrier
which begins operations only to serve intrastate points,-
but later begins service between points inside and outside
of the state. Again, the statute is unambiguous. Any
entity that at any time carries passengers or property as
a common carrier for hire between a place in Texas and
a place outside of Texas is not an "air carrier" as
defined by the Act. It is not subject to u provision of
the Act.
We note that the redundant language in article
46c-l(e) of the Act is not accidental. A section-
by-section analysis of the legislation adding the language
p. 4209
Mr. Stephen E. Cone - Page 3 (JM-868)
to the Aeronautics Act (m Acts 1981, 67th Leg., ch. 767,
51, at 2858) notes that the precise purpose of the
amendatory phrase was to "exemp[t] air carriers who carry
passengers or property for commercial compensation between
Texas and a place outside of Texas.l@ Bill Analysis to
C.S.S.B. No. 403, prepared for Senate Committee on
Government Organization, 67th Leg. (1981).
Thus, the Act does not reach entities offering
interstate air service. They are outside of the
jurisdiction of the Commission even if they offer some
service solely between points within Texas. The
Commission has no jurisdiction over interstate carriers
and has no authority to impose any burden on or extend
benefits to them under the Texas Aeronautics Act.
SUMMARY
The Texas Aeronautics Act, article 46c-1
et sec. V.T.C.S., does not apply to
entities'carrying passengers or property as
common carriers for compensation or hire in
commerce between a place in this state and
a place outside of this state. The
Commission has no jurisdiction over
interstate carriers and has no authority to
impose any burden on or extend any benefit
to them under the Act.
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Don Bustion
Assistant Attorney General
p. 4210