By Gray                                               H.B. No. 1345
         76R5992 CAG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to municipal or county regulation on the placing,
 1-3     screening, or height of amateur radio antennas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 250, Local Government Code, is amended by
 1-6     adding Section 250.002 to read as follows:
 1-7           Sec. 250.002.  REGULATION OF AMATEUR RADIO ANTENNAS.  (a)  A
 1-8     municipality or county may not enact or enforce an ordinance or
 1-9     order that does not comply with the ruling of the Federal
1-10     Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd
1-11     952 (1985)" or a regulation related to amateur radio service
1-12     adopted under 47 C.F.R. Part 97.
1-13           (b)  If a municipality or county adopts an ordinance or order
1-14     involving the placement, screening, or height of an amateur radio
1-15     antenna based on health, safety, or aesthetic conditions, the
1-16     ordinance or order must:
1-17                 (1)  reasonably accommodate amateur communications; and
1-18                 (2)  represent the minimal practicable regulation to
1-19     accomplish the municipality's or county's legitimate purpose.
1-20           SECTION 2.  The importance of this legislation and the
1-21     crowded condition of the calendars in both houses create an
1-22     emergency and an imperative public necessity that the
1-23     constitutional rule requiring bills to be read on three several
1-24     days in each house be suspended, and this rule is hereby suspended,
 2-1     and that this Act take effect and be in force from and after its
 2-2     passage, and it is so enacted.