HBA-MSH H.B. 1492 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1492
By: Hardcastle
Transportation
4/19/2001
Introduced



BACKGROUND 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. House Bill 1492 establishes the LeClair-Jennings
Act to require the Texas Department of Transportation to adopt rules for
marking antenna structures that are less than 200 feet in height. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Transportation
in SECTION 2 (Section 21.069, Transportation Code) of this bill. 

ANALYSIS

House Bill 1492 amends the Transportation Code to require the Texas
Department of Transportation to adopt rules to establish painting, marking,
lighting, and other visibility requirements for antenna structures that are
at least 50 feet but not more than 200 feet in height above ground level. 

EFFECTIVE DATE

September 1, 2001.