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. 1-45 * * * * *