SRC-TBR H.B. 1492 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1492
By: Hardcastle (To Be Filled)
Business & Commerce
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Current federal law requires antenna structures that exceed 200 feet in
height to be painted and lighted. There is no such requirement for antennae
less than 200 feet in height. Many cellular and digital communications
antennae are less that 200 feet in height and have guylines that extend
beyond the main structures.  These structures pose a risk to agricultural
aviators who often fly below 200 feet to spray fields.  Several
agricultural aviators have died in crashes caused by striking an antenna
structure or a guyline.  H.B. 1492 establishes the LeClair-Jennings Act to
prohibit a person from constructing certain antennae structures from 50 to
200 feet in height located within a cultivated field without providing
appropriate notification and applying the necessary markings. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

H.B. 1492 amends the Transportation Code to prohibit a person who provides
commercial wireless telecommunications services (provider) from
constructing an antenna structure that is at least 50 feet but not more
than 200 feet in height above ground level and located within a cultivated
field unless the person provides written notice of the proposed
construction to a public airport located within three miles of the proposed
antenna and the Texas Department of Agriculture (department).  The bill
requires the department to notify the boll weevil eradication foundation.
The bill requires providers who construct an antenna to mark the highest
guywires on the structure using markings that are of a kind generally used
on antenna structures. 

EFFECTIVE DATE:  September 1, 2001.