HBA-PDH H.B. 1345 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1345 By: Gray Land & Resource Management 2/24/1999 Introduced BACKGROUND AND PURPOSE Currently, municipalities and counties may regulate the antennas of amateur radio operators, but no guidelines for such regulations exist. H.B. 1345 requires any ordinance or order to comply with the Code of Federal Regulations as it relates to amateur radio services, and a specific ruling of the Federal Communication Commission relating to amateur radio preemption. The bill provides that an ordinance or an order by a municipality or county relating to the regulation of an amateur radio antenna must reasonably accommodate the amateur communications and must represent the minimal practicable regulation to accomplish the municipality's or county's legitimate purpose. 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 an order that does not comply with the ruling of the Federal Communications Commission in 101 FCC 2nd 952 (1985) (providing that there is strong federal interest in promoting amateur communications and that state and local regulations that preclude amateur communications are in direct conflict with federal objectives and must be preempted) or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97 (Amateur Radio Service). (b) Provides that an ordinance or order must reasonably accommodate amateur communications and represent the minimal practicable regulation to accomplish a municipality's or a county's legitimate purpose if the municipality or the county adopts an ordinance or order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions. SECTION 2.Emergency clause. Effective date: upon passage.