HBA-MPM H.B. 1148 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1148
By: Cook
County Affairs
77/20/2001
Enrolled



BACKGROUND 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 such as rural areas may have little or
no notice when such a tower is constructed.  House Bill 1148 requires a
person who wishes to construct a wireless communication facility that is
more than 100 feet tall 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

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. 

ANALYSIS

House Bill 1148 amends the Business & Commerce Code to require a person
wishing to construct a wireless communication facility (facility) that is
taller than 100 feet to file with the county clerk or other county official
before the 30th day before the construction begins: 

_a statement proposing the construction and the date on or after which the
construction will begin; 

_the correct phone number and address of each entity involved in the
construction; 

_the legal description of the proposed site; and

_a phone number that is operational at all times for emergency purposes.

The bill requires the person to assign each proposed facility a unique
identification and to provide the county clerk or county official with the
unique identification. 

H.B. 1148 requires a person wishing to construct a facility taller than 100
feet to mail a letter 30 days before construction begins stating the legal
description of the proposed site and at minimum the name, phone number, and
mailing address of the person proposing the construction, as well as the
facility's unique identification and a phone number that is operational at
all times to: 

_a public airport located within three miles of the proposed facility and
the Texas Department of Agriculture, who shall notify the boll weevil
eradication foundation; and 

_each landowner within two miles of the proposed location if the location
is not within a  metropolitan statistical area or a newspaper of general
circulation in the county of construction. 

H.B. 1148 requires a lessee of real property used for a facility to give
written notice to the county clerk or other county official of the
construction and the lessor of the real property if a transfer of ownership
occurs.  The bill provides that a contract between a property owner that
conveys property interest to a person to allow the person to construct a
facility must contain a provision relating to the removal of the facility
and any adjuncts to the facility that prescribes the circumstances under
which removal shall be accomplished. 

The bill specifies that the provisions of this bill are inapplicable to:

_any structure whose main purpose is to provide electric service;

_a wireless communication facility used by an entity for internal
communications, that is constructed by a municipality, that is used for
emergency communications, or that is installed for colocation purposes; 

_a radio or television reception antenna; 

_a satellite or microwave parabolic antenna not used by a wireless
communication service provider; 

_a receive-only antenna;

_an antenna owned and operated by a federally licensed amateur radio
station operator; 

_a cable television company facility if the company holds a valid and
current franchise;  

_a radio or television broadcasting facility; or

_a colocation antenna.

The provisions of this bill do not preempt a local ordinance regulating a
wireless communication facility. The bill prohibits a wireless
communication facility more than 15 feet in height above ground level from
being located in certain geographical designations, as governed  by the
federal Telecommunications Act of 1996. 

H.B. 1148 amends the Transportation Code to require a person who proposes
to construct a wireless communication facility between 100 and 200 feet in
height above ground level and that is located in a cultivated field or
within 100 feet of a cultivated field to mark the highest guy wires on the
facility, if any. 

EFFECTIVE DATE

Vetoed.