Texas State Library and Archives Commission

Texas Department of Aviation:

An Inventory of Case Files at the Texas State Archives, 1963-1989 (bulk 1967-1978)


Creator: Texas. Dept. of Aviation.
Title: Case files
Dates: 1963-1989
Dates: (bulk 1967-1978)
Abstract: The records of the Texas Department of Aviation consist largely of legal documents--applications for certificates, testimonies, prehearing and hearing transcripts, exhibits, orders, motions, dockets, briefs, appeals, and other documents dating from 1963 to 1989 (bulk 1967-1978). The records are case files of hearings before the Texas Aeronautics Commission (predecessor agency to the Department of Aviation) and the Civil Aeronautics Board. Hearings are held when airlines apply for certificates of convenience and public necessity to begin service, to fly into new localities, or to make changes in their existing routes. Also present are reports, correspondence, financial statements, clippings, press releases, and consumer complaints.
Quantity: 18 cubic ft.
Language English.
Sponsor: This EAD finding aid was created in part with funds provided by the Texas Telecommunications Infrastructure Fund Board for the Texas Archival Resources Online project.

Agency History

The Texas Aeronautics Commission (TAC) was created in 1945 by House Bill 309, 49th Legislature. The Commission was composed of three members (later expanded to six members) appointed by the Governor, with Senate confirmation, to six-year overlapping terms. Qualifications for members were ten years continuous residence in the state and ten years successful experience in business, government, or professional activities. A chair was elected by the Commission and an Executive Director was appointed to handle the administrative affairs of the Commission. In 1989, the Commission became the Texas Department of Aviation (House Bill 94, 71st Legislature, 1st Called Session). The governing body of the Department is now the Board of Aviation, of the same makeup as the previous Commission, with one qualification added--members must now have five years experience as either an aircraft pilot, an airport facilities manager, or a fixed-base operator. The Executive Director functions as the Executive Officer of the Department.

The Department of Aviation (like the former TAC) assisted in the development of aeronautics in the state and cooperated with the federal government and other states in establishing a uniform aviation system. Some specific responsibilities were to assist communities and state agencies in the establishment, construction, improvement, and financing of airports and other air navigation facilities; to administer and conduct clinics and courses for general aviation pilots; to certify intrastate airlines and oversee the intrastate air transportation network; to hold investigations, inquiries, and hearings to ensure aviation rules and regulations are met; and to represent state aviation segments before the Civil Aeronautics Board and other such policy-making groups.

In 1991, the Department of Aviation was merged with the State Department of Highways and Public Transportation and the Motor Vehicle Commission to form the Texas Department of Transportation. The Department of Aviation's functions are now carried out by the Department of Transportation's Aviation Division.

Scope and Contents of the Records

The records of the Texas Department of Aviation consist largely of legal documents--applications for certificates, testimonies, prehearing and hearing transcripts, exhibits, orders, motions, dockets, briefs, appeals, and other documents dating from 1963 to 1989 (bulk 1967-1978). The records are case files of hearings before the Texas Aeronautics Commission (predecessor agency to the Department of Aviation) and the Civil Aeronautics Board (CAB). Hearings are held when airlines apply for certificates of convenience and public necessity to begin service, to fly into new localities, or to make changes in their existing routes. Also present are reports, correspondence, financial statements, clippings, press releases, and consumer complaints. Cases include Southwest Airlines (formerly Air Southwest) initial application for certification; its application for a certificate to fly out of Love Field in Dallas instead of the Dallas-Fort Worth Regional Airport in the late 1960s, its application to provide service to the Rio Grande Valley in the early to mid 1970s, and its application to add various cities to its schedules in the mid to late 1970s. These application hearings generated a series of protests, appeals, and suits filed by opposing parties.

Additional materials include the application of Muse Air and America West Airlines before the CAB for certificates to fly interstate routes, including cities in Texas; files concerning an interstate and intrastate fare investigation held in the District of Columbia Circuit of the Court of Appeals; publications concerning deregulation; and hearings before the Civil Aeronautics Board on low-fare route proceedings concerning Midway Airlines (including Midway Southwest Airlines) offering service out of Midway Airport in Chicago. The TAC was interested in this last case because of the relationship between Southwest Airlines and its subsidiary, Midway Southwest, and the question of whether the two airlines could operate as both intrastate and interstate carriers.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.


Arrangement of the Records

Materials are arranged by case, with non-case record materials filed at the end.


Restrictions on Access


Restrictions on Use


Index Terms

The terms listed here were used to catalog the records. The terms can be used to find similar or related records.
Corporate Names:
Southwest Airlines Co.
Texas International Airlines.
Braniff Airways.
Texas Aeronautics Commission.
Document Types:
Case files--Texas--Airlines--1963-1989.
Financial statements--Texas--Airlines--1963-1989.
Press releases--Texas--Airlines--1963-1989.
Certifying airlines.

Related Material

The following materials are offered as possible sources of further information on the agencies and subjects covered by the records. The listing is not exhaustive.

Texas State Archives
Texas Board of Aviation, Minutes, 1989-1991. [These records are unaccessioned and in process.]
Texas Aeronautics Commission, Minutes, September 1971-October 1988. [There is no finding aid for these unprocessed records. The call numbers are 1998/057-1 and 2.]
Texas Aeronautics Commission, Orders, 1982-1987, 0.47 cubic ft.
Texas Transportation Commission, Minutes, July 1999-July 2000. [There is no finding aid for these unprocessed records. The call numbers are 2000/038 and 2001/015.]
Texas Transportation Commission, Minutes, 2001-2003. [These records are unaccessioned and in process.]
Texas High Speed Rail Authority, Southwest Airlines litigation files, [ca. 1990]-1994 (bulk 1991), 5.93 cubic ft.

Administrative Information

Preferred Citation

(Identify the item), Case files, Texas Department of Aviation. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession number: 1990/023

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Department of Aviation on November 2, 1989.

Processing Information

Laura K. Saegert, May 1990

Detailed Description of the Records


Case files, 1963-1989 (bulk 1967-1978),
18 cubic ft.

Docket 30277 -- Midway Airlines, 1977-1978
box folder
1990/023-1 1. Chicago-Midway Low-Fare Route Proceeding, Docket 30277, Exhibits of Midway Airlines
2. Midway Airlines, Inc.
3. Minneapolis-Saint Paul Metropolitan Airports Commission
4. NASAO (National Association of State Aviation Officials)
5. Continental Airlines
6. Department of Justice
7. Department of Transportation
8. Indianapolis Airport Authority
9. Cleveland, Ohio (City of)
10. CAB/ALJ (Civil Aeronautics Board)
11. Air Line Pilots Association
12. CAB: Air Florida, Inc.
13. CAB: Air Wisconsin, Inc.
14. American Airlines, Inc.
15. Braniff Airways, Inc.
16. BOR (Bureau of Operating Rights)
17. City of Chicago, Illinois
18. Illinois Department of Transportation
19. Iowa Department of Transportation
20. Kansas City Chamber of Commerce (Kansas City, Missouri)
21. Louisville and Jefferson County Air Board, Louisville, Kentucky
22. Southern Airways, Inc.
23. North Central Airlines [Exhibits]
24. North Central Airlines, Inc.
25. Northwest Airlines, Inc.
26. Trans World Airways, Inc.
box folder
1990/023-2 1. CAB: The Pittsburg Parties
2. Northwest Orient
3. The St. Louis Parties
4. Wright Air Lines, Inc.
5. United Airlines, Inc.
6. Texas International Airlines, Inc.
7. TAC (Texas Aeronautics Commission)
8. Brief of Midway Airlines, Inc. to Civil Aeronautics Board
9. Midway (Southwest) Airway Co., Chicago Midway Low- Fare Route Proceeding, Direct Exhibits and Testimony, volumes I and II
10. CAB: Allegheny Airlines
11. CAB: Application of Midway (Southwest) Airway Company
Interstate and Intrastate Fare Investigation, 1976-1978
box folder
1990/023-2 12. Supreme Court
13. [unfoldered briefs and court proceedings]
14. California PUC (Public Utilities Commission) v. CAB (Inter/Intra)
15. NARUC (National Association of Regulatory Utility Commissioners) v. CAB (Inter/Intra)
16. Inter/Intra Briefs of Parties, D.C. Circuit
box folder
1990/023-3 1. Interstate and Intrastate Fare Investigation
2. TAC v. CAB (Intra/Inter) D.C. Circuit
Deregulation reports and papers, 1975
box folder
1990/023-3 3. Consequences of Deregulation of the Scheduled Air Transport Industry, April 1975
4. Aviation Act of 1975
5. Kennedy Committee--Speeches/Testimony, 1975
6. CAB Deregulation Experiment, 1975
Docket 76-10 - Southwest's Application to add cities to its existing schedule, 1976
box folder
1990/023-3 7. Transcript of Proceedings, Prehearing Conference
8. Transcript of Proceedings, Master Index
9-14. Transcript of Proceedings, Hearing on Application, volumes I - VI
box folder
1990/023-4 1-6. Transcript of Proceedings, Hearing on Application, volumes VII - XI
7. Transcript of Proceedings, Oral Arguments
8. Transcript of Proceedings, Exhibits, volumes I -III
9. Brief of Southwest Airlines, two copies
10. [Legal pad of notes]
11. Southwest Newsclipping File
box folder
1990/023-5 1. Southwest Airlines, Co., Public Response
2. Southwest Newsclipping File, July 1976
3. Southwest Newsclipping File, April - June, 1976
4. Application for Authority to Serve Austin, Corpus Christi, El Paso, Lubbock & Midland/Odessa, Direct Exhibits and Testimony of M. Lamar Muse and L. John Eichner,
2 copies [unfoldered]
5. Southwest Exhibits
6. TXIA (Texas International Airlines) Exhibits
7. City of Fort Worth, working papers
8. Fort Worth Exhibits
box folder
1990/023-6 1. Braniff Exhibits
2. Information Responses
3. Indices
4. Correspondence, July 26-30, 1976
5. Correspondence - public response, May - July, 1976
6. Southwest Airlines Company
7. Southwest 76-10 Litigation
8. Certificate #44 - Final Order Proposal for Decision
Docket 257,067
box folder
1990/023-6 9. Fort Worth v. TAC, 200th District Court, Travis County
Cause 229,971 - Texas International v. TAC, re: Southwest's 1973 Application to fly into the Rio Grande Valley, 1975-76
box folder
1990/023-6 10. Texas International - Trial Briefs
11. Southwest Airlines' Exhibits
12. Transcript, Hearing on Temporary Restraining Order
13-14. Deposition of Joan Holloway
15-16. Deposition of Charles Murphy
Transcript of Testimony:
box folder
1990/023-6 17. August 14, 1975
box folder
1990/023-7 1-3. August 15, 1975
4. August 20, 1975
5. August 21, 1975
6. August 22, 1975
7. August 28, 1975
8. September 2, 1975
9. September 3, 1975
10. September 4, 1975
11. September 5, 1975
12. September 8, 1975
13. September 9, 1975
14. September 10, 1975
15. September 11, 1975
16. September 12, 1975
17. September 15, 1975
18. September 16, 1975
19. September 17, 1975
box folder
1990/023-8 1. September 18, 1975
2. September 19, 1975
3. September 30, 1975
4. October 1, 1975
5. October 2, 1975
6. October 3, 1975
7. October 6, 1975
8. October 7, 1975
9. October 8, 1975
10. October 9, 1975
11. October 10, 1975
12. October 13, 1975
13. October 14, 1975
14. October 15, 1975
15. October 16, 1975
16. October 17, 1975
17. October 20, 1975
18. October 22, 1975
box folder
1990/023-9 1. October 23, 1975
2. October 24, 1975
3. October 27, 1975
4. October 28, 1975
5. October 29, 1975
6. October 30, 1975
7. January 26, 1976
8. January 27, 1976
9. January 28, 1976
10. January 29, 1976
11. January 30, 1976
12. Final Order - Judge Meyer
13. Southwest Airlines' Exhibits
14. [loose cards giving addresses and affiliation of those testifying, and cards used in preparing an index to the testimony--
box folder
1990/023-10 1. Texas International's Exhibits [abbreviations used for this company were TXIA and TIA]
2. TXIA v. TAC, exhibit indices
3. TXIA v. TAC (Harlingen) Briefs
4. TIA v. TAC (Harlingen)
Cause 263,654 - Texas International v. TAC, re: Southwest's 1973 Application to fly into the Rio Grande Valley 1977
box folder
1990/023-10 5. Hearing Record
CAB Docket 28068 - Service to Harlingen, re: Southwest's 1973 Application to fly into the Rio Grande Valley, 1975-77
box folder
1990/023-10 6. Bureau of Operating Rights
7. Statistics
8. Texas Aeronautics Commission
9. CAB orders
10. Southwest Airlines
11. Texas International Airlines
box folder
1990/023-11 1-2. City of Harlingen
3. Southwest Airlines Historical Data
Wild Goose Flying Service (bought out by Southwest-- these files may have been used in the Valley application hearings):
4. Financial Statements and Activity Reports, 1965-67
5. Application, 11/63 and 7/64
6. Hearing, 1/64
7. Financial Statements, 1963-65
8. Certificates, 1965-1967
9. Correspondence, 1964-67
10. Correspondence, 1963-65
11. Hearings, 1964-65
12. Application, 1963-64
13. Application, 1965
Southwest Valley Application, 1973-1975
box folder
1990/023-11 14. Exceptions to Findings
15. Texas International's Questions for Appeal to Commission
16. Request for Oral Argument, Southwest Airlines
17. Transcript of Proceeding, Oral Argument
18. Original Orders & Certificate 35, Southwest Airlines/Houston, Dallas, Harlingen
19. Harlingen Due Process Trial Brief
20. Reply, Exception, Affidavit
21. Various Court Opinions and CAB (Civil Aeronautics Board) Orders
22. Chronology Subsequent to Hearing
23. Regulatory Reform, Civil Aeronautics Board, 1975
24. Hearings Before the Subcommittee on Administrative Practice and Procedure of the Committee on the Judiciary, U.S. Senate, vol. 2, 1975
box folder
1990/023-12 1. TXIA Exhibits
2. Proposed Findings
3. CAB Docket 27348, TXIA Application for Suspension at Harlingen
4. Briefs
5. Examiner's Report
6. Transcript - Prehearing Conference
7. Prehearing Conference Order
8. Transcript, TXI Appeal from Ruling of Prehearing Conference Order
9. Prehearing Information Requests [unfoldered, bound]
10. Clipping File
11. Harlingen Case Newsclippings
12-18. Transcript of Proceedings, volumes 1-7
box folder
1990/023-13 1. Transcript of proceedings, volume 8
2. Exhibit volume for volumes 1-7
3-9. Transcript of proceedings, volumes 9-15
10. Exhibits volume for volume 15
11-12. Transcript of proceedings, volumes 16-17
13. Exhibits volume for volume 17
14-16. Transcript of proceedings, volumes 18-20
17-18. Exhibit volumes for volumes 19-20
box folder
1990/023-14 1-2. Exhibit volumes for volumes 16 and 18
3-6. Transcript of proceedings, volumes 21-24
7-9. Exhibit volumes for volumes 22-24
10. Transcript of proceedings, Prehearing Conference
11. McAllen Exhibits
12. Hearing File
13. TXI Contact with Legislature
14. Rio Grande Valley Supporting Data
15. Rio Grande Valley Application
16. Texas International Petition for Writ of Mandamus
box folder
1990/023-15 1. Prehearing Conference
2-3. Application of Southwest Airlines for Service to Rio Grande Valley
4. Index to Hearing, and Chronology
5. Motion for Discovery of Documentary Evidence
Southwest Airlines (formerly Air Southwest) Initial Application for Certification, 1967-69
box folder
1990/023-15 6. Trans-Texas Exhibits
7. Trans-Texas Brief
8. Continental Brief and Exhibits
9. Braniff Exhibits
10. Braniff Brief
11. Airline Pilots Association, Statement in Opposition
12. Air Southwest Company, Certificate
13. Southwest Exhibits
14. Air Southwest Inc., Application
15-19. Transcript of Hearing on Application for Certificate, volumes 1-5
20. Application and Brief - Southwest
21. Application - Southwest, 11/29/67
box folder
1990/023-16 1. Southwest Correspondence, 1968-69
2. Public Reaction and Press Clippings
Braniff and Texas International Airlines v. TAC, re: disapproval over Southwest's certification and rates 1970-71
box folder
1990/023-16 3. Braniff's Motion to Reopen Proceedings before TAC
4. 98th District Court #164,386
5. Complaint of TXI and BI before CAB, #23047 & #23122
6. Texas Court of Civil Appeal #11,655
7. Supreme Court of Texas, B-1552
8. Supreme Court of the United States, #693
9. Texas International v. CAB
City of Dallas v. Southwest (Love Field Case), 1970-77 (press clippings through 1989)
box folder
1990/023-16 10. Miscellaneous Materials, Love Field
11. U.S. District Court (North District, Texas) (Briefs, Judge Taylor's Opinion)
12. City of Braniff, et al. & other miscellaneous Love Field Litigation
13. U.S. Court of Appeals for 5th Circuit (Parties Briefs)
14. Public Response - Love Field Lawsuit
15. Southwest Airlines v. City of Dallas, permanent injunction
16. TI v. D/FW et al, Travis Co., 200th Judicial District Court, #227,349
17. Love Field File - Misc., 1973
18. Supreme Court of the United States, Brief of Respondent, #76-1773
box folder
1990/023-17 1. Texas International, Airport Notice File (Love Field)
2. Love Field - Dallas/Fort Worth Application Amendments
3-6. Press Reaction, Love Field Lawsuits, 1972-89
Docket 78-7 - Southwest's Application to Add Service to Amarillo-Beaumont/Port Arthur, 1978
box folder
1990/023-17 7. Prehearing Conference
8. Prehearing Conference Report, June 12, 1978
9. Southwest Airlines, Docket 78-7, Service to Amarillo-Beaumont/Port Arthur [application, transcripts, exhibits]
box folder
1990/023-18 1. Southwest Airlines - Docket 78-7, misc. materials
Miscellaneous Dockets
box folder
1990/023-18 2. Commission Certified Carriers, Docket 80-6, Emergency Authority re: SW Points
3. CAB Docket 38948 - Muse Air application interstate application, 1980
4. CAB Docket 40113 - America West interstate application, 1981
5. CAB: Guaranteed Loan Program (Docket 27436) 1977
Southwest Airlines General Files
box folder
1990/023-18 6. Insurance/Equipment, 1981-88
7. Schedules, 1984-88
8. Quarterly Reports, 1984-88
9. Press Release and Public Relations, 1985-89
10. Consumer Complaints, 1979-85
11. FAA File, 1978
12. Various CAB orders, 1979-80
13. Financial Statements, 1972-1984
14. CAB Current Tariff Statements, 1980-1985
15. Southwest's Tariff's, 1977-1978