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.