SRC-JEC H.B. 1148 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1148
By: Cook (Armbrister)
Business & Commerce
5/9/2001
Engrossed


DIGEST AND PURPOSE 

As the demand for wireless services and seamless coverage grows, wireless
providers are constructing new towers at increasing rates. In urban areas,
numerous small cellular towers can be positioned on top of a building or
other structures. However, in rural areas towers must be taller and spaced
farther apart to ensure adequate coverage. In some cases, the towers in
rural areas may be taller than 400 feet. However, residents who live in
unincorporated portions of a county may have little or no notice when such
a tower is constructed. H.B. 1148 requires a person who wishes to construct
a wireless communication facility to inform landowners of the impending
construction. The bill also sets forth filing requirements for the
construction of a facility and provisions for the transfer of ownership and
removal of the facility.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 35, Business & Commerce Code, by adding
Subchapter J, as follows: 

SUBCHAPTER J. WIRELESS COMMUNICATION FACILITY

 Sec. 35.111.  DEFINITION.  Defines "wireless communication facility." 

Sec. 35.112.  FILING REQUIREMENTS REGARDING CONSTRUCTION. (a) Requires a
person wishing to construct a wireless communication facility, before the
30th day before the date construction begins, to file certain information
with the county clerk or the county official designated by the
commissioners court of the county in which the person wishes to construct a
wireless communication facility. 

(b)  Requires a person wishing to construct a wireless communication
facility to assign each proposed wireless communication facility a unique
identification and to provide the county clerk or official with that unique
identification. 

Sec. 35.113.  NOTICE OF CONSTRUCTION. (a) Requires a person proposing to
construct a wireless communication facility that is taller than 100 feet,
before the 30th day before the date the construction begins, to mail a
letter to certain entities. 
 
  (b)  Sets forth statements required in the letter.
  
Sec. 35.114.  TRANSFER OF OWNERSHIP. Requires the lessee of the real
property used for the wireless communication facility, if a transfer of
ownership of a wireless communication facility occurs, to give written
notice to the county clerk or official of the county of construction and
the lessor of the real property. 
 
Sec. 35.115.  REMOVAL. Requires a contract entered into by a property owner
that conveys to a person a property interest for the purpose of allowing
the person to construct a wireless communication facility to contain a
provision relating to the removal of the facility and any appurtenances to
the facility that prescribes the circumstances under which removal shall be
accomplished. 

Sec. 35.116.  EXCEPTIONS. Sets forth structures and facilities to which
this subchapter does not apply.  

Sec. 35.117.  EFFECT ON CERTAIN ORDINANCES. Provides that this subchapter
does not preempt a local ordinance regulating a wireless communication
facility. 

SECTION 2.  Amends Chapter 21B, Transportation Code, by adding Section
21.069, as follows: 

Sec. 21.069.  MARKING OF WIRELESS COMMUNICATION FACILITY. (a)  Defines
"cultivated field" and "wireless communication facility." 

(b)  Provides that the absence of plants, seedlings, or a crop on a
temporary basis due to crop rotation or other farm management techniques
does not remove an open area from the definition of  "cultivated field." 

(c)  Provides that this section applies only to an antenna structure that
is used to provide commercial wireless communications services and that is
located in a cultivated field. 

(d)  Requires a person who provides commercial wireless communications
services and constructs a wireless communication facility that is at least
100 feet but not more than 200 feet in height above ground level to mark
the highest guy wires on the facility, if any.  Requires the markings
required under this section to be of a kind generally used for marking
antennae structures. 

SECTION 3.  (a) Provides that the changes in law made by this Act apply
only to a wireless communication facility constructed on or after the
effective date of this Act. 

(b)   Effective date: upon passage or September 1, 2001.