SRC-JXG H.B. 1345 76(R)   SRC-JXG H.B. 1345 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1345
By: Gray (Jackson)
Intergovernmental Relations
3/30/1999
Engrossed


DIGEST 

Currently, Texas law does not provide guidelines to regulate antennas for
amateur radio operators. 
H.B. 1345 would require an ordinance by a municipality or county to
regulate amateur radio antennas, and to comply with the Code of Federal
Regulations and Federal Communications Commission. 

PURPOSE

As proposed, H.B. 1345 regulates amateur radio antennas to comply with the
Code of Federal Regulations and Federal Communications Commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 250, Local Government Code, by adding Section
250.002, as follows: 

Sec. 250.002. REGULATION OF AMATEUR RADIO ANTENNAS. Prohibits a
municipality or county from enacting or enforcing an ordinance or order
that does not comply with the ruling of the Federal Communications
Commission (FCC) in "Amateur Radio Preemption, 101 F.C.C. 2nd 952 (1985)"
or a regulation related to amateur radio service adopted under 47 C.F.R.
Part 97. Requires an ordinance or order to meet certain conditions, if a
municipality or county adopts an ordinance or order involving the
placement, screening, or height of an amateur radio antenna based on
health, safety, or aesthetic conditions. Provides that this section does
not prohibit an architectural or historical district established under law
from taking any action that the district may take under law. 

SECTION 2. Emergency clause.
           Effective date: upon passage.