Untitled Texas Attorney General Opinion ( 1950 )

April 3, 1950 Hon. William I. Hensley opi’lioa HO. v-1028 Orimina~ M?tr+ot Attorney pox2 p&Y Be: The euthorlty~ of the c~wleeionere ~’court San Antonio 5, Texas to establish coning reetriotlone r0r the area eurrouadlalg Kelly Dear Sir: Field. Refermoe Is made to your reoent request whaidh reads In part aa follows: “lie hereby mqueet aa interpretation df the Airport Zoning Pot, H.B. X0.333,50th Legislature, Regular $eerloa, P. 784, ASt. 468-l to 46-15 of Vezmoa’e ,Annotated Civil. Statutes, and nom eepeoielly to Se&ion l(1) thereof whereiq the telrr ‘aimotis is defined. We need this in oonneotion w$th a request from Kelly Field to the CommleeloaSrs * Court of Boxer couaty, Texas eeldag tlwe~ to peee~ a 8OtiQg OrdinSMe UUd6r th6 tOPSi Of thiS AOt which would apply to the area surrounding Kelly Field. This request has been referred to u11by the Commieeionera~ Court. . . . “The “owaer’ of Kelly Field does n,ot’per- q ltthe ulle of said area by othepe. AU Foroe Regulation Ro. 87-7, 3eatlon I, Paragraph 5.e. (a oopy of eioh la atteohed hereto as annex 1) *ads a8 f’ollowe: "'A. As a general rule, airports ee- tabliehed and designated by Oonrpetent auth- ority ior the prlmery purpose of eupportlng the operation of Air F6me aimraft will not be uued to support the operation or naiate- nenoe of oommeroial or private airorait. * “we made iaqulry o? the authoritlee at the Field and determined that Xelly F’ield operates uader this general,rule, aad not under the exoeptlonm thereto whioh would Eon. William R. Iiensley, page 2 (V-1028) Y peyit_ use of. the fleld~ by others. This is q eae clear in the letter to us of March 2, 1950 by Cal. Jacks, doting Base Ereoutive, a o~opy of which is atteohed hereto aad mark- ed *Annex 2. I” The letter to whioh you refer is as follows: “In enswe* ~to quest~lon ooatain0d in your letter of February 16, 1950, as to whether. or not Kelly Air Foroe Base operates under the general ruli,``laid down in Air Foroe Regule- tioh RO. 87-7, Paragraph 5-a, this ia to ad- VLee that enoh 1s the oaee. Exoeptlon made et thlr base. to the polloies and proaedUree set out in~reierenoed regulation is only when dl.r&oted by higher Headquarters or proper eu- thorlty . Subseotion (1) of:Artiole 468-1,V.C.S., pro- vides : We -n&s in aooord with your opinion that the” adYeatagee of ‘khe Aof iti question were Intended for the benefit of those airport instellatio~ whioh e~ervethe publio generally by pemitting pHvete and oommerolel planes other than those belonging to the owaer thereof to use the faoilitiea. Therefore, we do not believe that the word “airport” within the meaning of the above statute ia eilifidieatlj broad enough to include Kelly Field. The word “airport” es used in A?tlole 46e-1, V.C.3. does not lnolude or apply to Kelly A&%! Foroe Base, aloh iS an airport BOIL.william R. Hsneley, page 3 (v-1028) or air base rated under the jtmiedio - ;cArFEge 3@atlona of ,yu’mpartmeat 0s . Yours very truly, PRICH DAHIHL APPROVHD: Attorney General J. C~. Davfs, Jr. County Affairs Division Charles D. M&hewn Hxeoutlve Aeeietaat BA:WU