HBA-EVB H.B. 1345 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1345 By: Gallego Land & Resource Management 5/19/1999 Enrolled BACKGROUND AND PURPOSE H.B. 1345 provides guidelines for a municipality or county to follow if a municipality or a county adopts an ordinance to regulate amateur radio antennas and prohibits such a municipality or county from enacting or enforcing an ordinance or order that does not comply with the Code of Federal Regulations and a certain ruling made by the Federal Communications Commission. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. 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. (a) 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 in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R Part 97. (b) Provides that the ordinance or order must reasonably accommodate amateur communications and represent the minimal practicable regulation to accomplish the municipality's or county's legitimate purpose, 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. (c) Provides that this section does not prohibit a municipality or county from taking any action to protect or preserve a historic, historical, or architectural district that is established by the municipality or county or under state or federal law. SECTION 2. Emergency clause Effective date: upon passage.