1-1     By:  Gray (Senate Sponsor - Jackson)                  H.B. No. 1345
 1-2           (In the Senate - Received from the House March 18, 1999;
 1-3     March 22, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; April 12, 1999, reported favorably, as
 1-5     amended, by the following vote:  Yeas 4, Nays 0; April 12, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
 1-8           Amend H.B. No. 1345 in SECTION 1 of the bill (Engrossed
 1-9     version page 1, lines 35-37), by striking proposed Section
1-10     250.002(c), Local Government Code, and substituting the following:
1-11           (c)  This section does not prohibit a municipality or county
1-12     from taking any action to protect or preserve a historic,
1-13     historical, or architectural district that is established by the
1-14     municipality or county or under state or federal law.
1-15                            A BILL TO BE ENTITLED
1-16                                   AN ACT
1-17     relating to municipal or county regulation on the placing,
1-18     screening, or height of amateur radio antennas.
1-19           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20           SECTION 1.  Chapter 250, Local Government Code, is amended by
1-21     adding Section 250.002 to read as follows:
1-22           Sec. 250.002.  REGULATION OF AMATEUR RADIO ANTENNAS.  (a)  A
1-23     municipality or county may not enact or enforce an ordinance or
1-24     order that does not comply with the ruling of the Federal
1-25     Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd
1-26     952 (1985)" or a regulation related to amateur radio service
1-27     adopted under 47 C.F.R. Part 97.
1-28           (b)  If a municipality or county adopts an ordinance or order
1-29     involving the placement, screening, or height of an amateur radio
1-30     antenna based on health, safety, or aesthetic conditions, the
1-31     ordinance or order must:
1-32                 (1)  reasonably accommodate amateur communications; and
1-33                 (2)  represent the minimal practicable regulation to
1-34     accomplish the municipality's or county's legitimate purpose.
1-35           (c)  This section does not prohibit an architectural or
1-36     historical district established under law from taking any action
1-37     that the district may take under law.
1-38           SECTION 2.  The importance of this legislation and the
1-39     crowded condition of the calendars in both houses create an
1-40     emergency and an imperative public necessity that the
1-41     constitutional rule requiring bills to be read on three several
1-42     days in each house be suspended, and this rule is hereby suspended,
1-43     and that this Act take effect and be in force from and after its
1-44     passage, and it is so enacted.
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