By Cook H.B. No. 1148 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to notice of proposed construction sent to the county 1-3 commissioners court and others regarding, and the marking, 1-4 location, and removal of, certain wireless communication 1-5 facilities. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Chapter 35, Business & Commerce Code, is amended 1-8 by adding Subchapter J to read as follows: 1-9 SUBCHAPTER J. WIRELESS COMMUNICATION FACILITY 1-10 Sec. 35.111. DEFINITION. In this subchapter, "wireless 1-11 communication facility" means an equipment enclosure, antenna, 1-12 antenna support structure, and any associated facility used for the 1-13 reception or transmittal of a radio frequency, microwave, or other 1-14 signal for a commercial communications purpose. 1-15 Sec. 35.112. FILING REQUIREMENTS REGARDING CONSTRUCTION. (a) 1-16 A person wishing to construct a wireless communication facility 1-17 shall, before the 30th day before the date construction begins, 1-18 file with the county clerk or the county official designated by the 1-19 commissioners court of the county in which the person wishes to 1-20 construct a wireless communication facility: 1-21 (1) a statement that construction is proposed and that 1-22 provides the date on or after which the construction will begin; 1-23 (2) the correct phone number and address of each 1-24 entity involved in the construction; 2-1 (3) the legal description of the proposed site of 2-2 construction, including a graphic depiction showing the location, 2-3 height, longitude, latitude, pad size, location of any guy wires, 2-4 roadway access, and proposed use of the wireless communication 2-5 facility; and 2-6 (4) a phone number that is operational 24 hours a day, 2-7 seven days a week for emergency purposes. 2-8 (b) A person wishing to construct a wireless communication 2-9 facility shall assign each proposed wireless communication facility 2-10 a unique identification and shall provide the county clerk or 2-11 official with that unique identification. 2-12 Sec. 35.113. NOTICE OF CONSTRUCTION. (a) A person proposing 2-13 to construct a wireless communication facility that is taller than 2-14 100 feet shall, before the 30th day before the date the 2-15 construction begins, mail a letter to: 2-16 (1) each of the following: 2-17 (A) a public airport located within three miles 2-18 of the proposed facility location; and 2-19 (B) the Texas Department of Agriculture, who 2-20 shall notify the boll weevil eradication foundation; and 2-21 (2) one of the following: 2-22 (A) each owner of land within two miles of the 2-23 proposed facility location if the proposed location is not within a 2-24 metropolitan statistical area; or 2-25 (B) a newspaper of general circulation in the 2-26 county of construction. 2-27 (b) The letter must state: 3-1 (1) the legal description of the proposed site of 3-2 construction, including a graphic depiction showing the location, 3-3 height, longitude, latitude, pad size, location of any guy wires, 3-4 roadway access, and proposed use of the wireless communication 3-5 facility; 3-6 (2) at a minimum, the name, phone number, and mailing 3-7 address of the person proposing construction of the wireless 3-8 communication facility; 3-9 (3) the unique identification of the wireless 3-10 communication facility; and 3-11 (4) a phone number that is operational 24 hours a day, 3-12 seven days a week for emergency purposes. 3-13 Sec. 35.114. TRANSFER OF OWNERSHIP. If a transfer of 3-14 ownership of a wireless communication facility occurs, the lessee 3-15 of the real property used for the wireless communication facility 3-16 shall give written notice to the county clerk or official of the 3-17 county of construction and the lessor of the real property. 3-18 Sec. 35.115. REMOVAL. A contract entered into by a property 3-19 owner that conveys to a person a property interest for the purpose 3-20 of allowing the person to construct a wireless communication 3-21 facility must contain a provision relating to the removal of the 3-22 facility and any appurtenances to the facility that prescribes the 3-23 circumstances under which removal shall be accomplished. 3-24 Sec. 35.116. EXCEPTIONS. This subchapter does not apply to 3-25 any structure whose main purpose is to provide electric service, a 3-26 wireless communication facility constructed by a municipality, a 3-27 wireless communication facility used for emergency communications, 4-1 a radio or television reception antenna, a satellite or microwave 4-2 parabolic antenna not used by a wireless communication service 4-3 provider, a receive-only antenna, an antenna owned and operated by 4-4 a federally licensed amateur radio station operator, a cable 4-5 television company facility if the company holds a valid and 4-6 current franchise, a radio or television broadcasting facility, a 4-7 co-location antenna, or a wireless communication facility installed 4-8 for co-location purposes. 4-9 Sec. 35.117. EFFECT ON CERTAIN ORDINANCES. This subchapter 4-10 does not preempt a local ordinance regulating a wireless 4-11 communication facility. 4-12 SECTION 2. Subchapter B, Chapter 21, Transportation Code, is 4-13 amended by adding Section 21.069 to read as follows: 4-14 Sec. 21.069. MARKING OF WIRELESS COMMUNICATION FACILITY. (a) 4-15 In this section: 4-16 (1) "Cultivated field" means any open space or pasture 4-17 larger than five acres in which a plant or tree nursery is located 4-18 or a row crop, including cotton, corn, grain, grapes, beets, 4-19 peanuts, or another row crop, is grown on a continuing basis. 4-20 (2) "Wireless communication facility" has the meaning 4-21 assigned by Section 35.111, Business & Commerce Code. 4-22 (b) Absence of plants, seedlings, or a crop on a temporary 4-23 basis due to crop rotation or other farm management techniques does 4-24 not remove an open area from the definition of "cultivated field." 4-25 (c) This section applies only to an antenna structure that 4-26 is used to provide commercial wireless communications services and 4-27 that is located in a cultivated field. 5-1 (d) A person who provides commercial wireless communications 5-2 services and constructs a wireless communication facility that is 5-3 at least 100 feet but not more than 200 feet in height above ground 5-4 level shall mark the highest guy wires on the facility, if any. 5-5 The markings required under this section must be of a kind 5-6 generally used for marking antennae structures. 5-7 SECTION 3. (a) The changes in law made by this Act apply 5-8 only to a wireless communication facility constructed on or after 5-9 the effective date of this Act. 5-10 (b) This Act takes effect immediately if it receives a vote 5-11 of two-thirds of all the members elected to each house, as provided 5-12 by Section 39, Article III, Texas Constitution. If this Act does 5-13 not receive the vote necessary for immediate effect, this Act takes 5-14 effect September 1, 2001.