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. This Act may be cited as the LeClair-Jennings Act.
 1-8           SECTION 2. Chapter 35, Business & Commerce Code, is amended
 1-9     by adding Subchapter J to read as follows:
1-10                SUBCHAPTER J. WIRELESS COMMUNICATION FACILITY
1-11           Sec. 35.111.  DEFINITION. In this subchapter, "wireless
1-12     communication facility" means an equipment enclosure, antenna,
1-13     antenna support structure, and any associated facility used for the
1-14     reception or transmittal of a radio frequency, microwave, or other
1-15     signal for a commercial communications purpose.
1-16           Sec. 35.112.  FILING REQUIREMENTS REGARDING CONSTRUCTION. (a)
1-17     A person wishing to construct a wireless communication facility
1-18     that is taller than 100 feet shall, before the 30th day before the
1-19     date construction begins, file with the county clerk or the county
1-20     official designated by the commissioners court of the county in
1-21     which the person wishes to construct a wireless communication
1-22     facility:
1-23                 (1)  a statement that construction is proposed and that
1-24     provides the date on or after which the construction will begin;
 2-1                 (2)  the correct phone number and address of the person
 2-2     proposing the construction;
 2-3                 (3)  the legal description of the proposed site of
 2-4     construction, including a graphic depiction showing the location,
 2-5     height, longitude, latitude, pad size, location of any guy wires,
 2-6     roadway access, and proposed use of the wireless communication
 2-7     facility; and
 2-8                 (4)  a phone number that is operational 24 hours a day,
 2-9     seven days a week, for emergency purposes.
2-10           (b)  A person wishing to construct a wireless communication
2-11     facility shall assign each proposed wireless communication facility
2-12     a unique identification and shall provide the county clerk or
2-13     official with that unique identification.
2-14           Sec. 35.113.  NOTICE OF CONSTRUCTION. (a)  A person proposing
2-15     to construct a wireless communication facility that is taller than
2-16     100 feet shall, before the 30th day before the date the
2-17     construction begins, mail a letter to:
2-18                 (1)  each of the following:
2-19                       (A)  a public airport located within three miles
2-20     of the proposed facility location; and
2-21                       (B)  the Texas Department of Agriculture, which
2-22     shall notify the boll weevil eradication foundation; and
2-23                 (2)  one of the following:
2-24                       (A)  each owner of land within two miles of the
2-25     proposed facility location if the proposed location is not within a
2-26     metropolitan statistical area; or
2-27                       (B)  a newspaper of general circulation in the
 3-1     county of construction.
 3-2           (b)  The letter must state:
 3-3                 (1)  the legal description of the proposed site of
 3-4     construction, including a graphic depiction showing the location,
 3-5     height, longitude, latitude, pad size, location of any guy wires,
 3-6     roadway access, and proposed use of the wireless communication
 3-7     facility;
 3-8                 (2)  at a minimum, the name, phone number, and mailing
 3-9     address of the person proposing construction of the wireless
3-10     communication facility;
3-11                 (3)  the unique identification of the wireless
3-12     communication facility; and
3-13                 (4)  a phone number that is operational 24 hours a day,
3-14     seven days a week, for emergency purposes.
3-15           Sec. 35.114.  TRANSFER OF OWNERSHIP. If a transfer of
3-16     ownership of a wireless communication facility occurs that results
3-17     in a change in the information required under Section 35.113(b)(2),
3-18     (3), or (4), the lessee of the real property used for the wireless
3-19     communication facility shall give written notice to the county
3-20     clerk or official of the county of construction and the lessor of
3-21     the real property.
3-22           Sec. 35.115.  REMOVAL. A contract entered into by a property
3-23     owner that conveys to a person a property interest for the purpose
3-24     of allowing the person to construct a wireless communication
3-25     facility must contain a provision relating to the removal of the
3-26     facility and any appurtenances to the facility that prescribes the
3-27     circumstances under which removal shall be accomplished.
 4-1           Sec. 35.116.  EXCEPTIONS. This subchapter does not apply to
 4-2     any structure whose main purpose is to provide electric service, a
 4-3     wireless communication facility used by an entity only for internal
 4-4     communications, a wireless communication facility constructed by a
 4-5     municipality, a wireless communication facility used for emergency
 4-6     communications, a radio or television reception antenna, a
 4-7     satellite or microwave parabolic antenna not used by a wireless
 4-8     communication service provider, a receive-only antenna, an antenna
 4-9     owned and operated by a federally licensed amateur radio station
4-10     operator, a cable television company facility if the company holds
4-11     a valid and current franchise,  a radio or television broadcasting
4-12     facility, a colocation antenna, or a wireless communication
4-13     facility installed for colocation purposes.
4-14           Sec. 35.117.  EFFECT ON CERTAIN ORDINANCES. This subchapter
4-15     does not preempt a local ordinance regulating a wireless
4-16     communication facility.
4-17           Sec. 35.118.  PROHIBITION. To the extent not already governed
4-18     by and not inconsistent with the federal Telecommunications Act of
4-19     1996 (47 U.S.C. Section 251 et seq.), as amended, a wireless
4-20     communication facility that is more than 15 feet in height above
4-21     ground level may not be located within three miles of the castor
4-22     railroad crossing, located on the eastern side of a peak that is an
4-23     oblong promontory with rimrock edges on the north and west sides
4-24     that is 1,712 feet above sea level and that is in a county with a
4-25     population of less than 5,500, whose county seat has a population
4-26     of less than 2,500.
4-27           SECTION 3. Subchapter B, Chapter 21, Transportation Code, is
 5-1     amended by adding Section 21.069 to read as follows:
 5-2           Sec. 21.069.  MARKING OF WIRELESS COMMUNICATION FACILITY. (a)
 5-3     In this section:
 5-4                 (1)  "Cultivated field" means any open space or pasture
 5-5     larger than five acres in which a plant or tree nursery is located
 5-6     or an agricultural crop, including cotton, corn, grain, grapes,
 5-7     beets, peanuts, and rice, but not including grass grown for hay, is
 5-8     grown on a continuing basis.
 5-9                 (2)  "Wireless communication facility" has the meaning
5-10     assigned by Section 35.111, Business & Commerce Code.
5-11           (b)  Absence of plants, seedlings, or a crop on a temporary
5-12     basis due to crop rotation or other farm management techniques does
5-13     not remove an open area from the definition of "cultivated field."
5-14           (c)  This section applies only to an antenna structure that
5-15     is used to provide commercial wireless communications services and
5-16     that is located in a cultivated field or within 100 feet of a
5-17     cultivated field.
5-18           (d)  A person who proposes to construct a wireless
5-19     communication facility that is at least 100 feet but not more than
5-20     200 feet in height above ground level shall mark the highest guy
5-21     wires on the facility, if any.  The markings required under this
5-22     section must be of a kind generally used for marking antennae
5-23     structures.
5-24           SECTION 4. (a)  The changes in law made by this Act apply
5-25     only to a wireless communication facility constructed on or after
5-26     the effective date of this Act.
5-27           (b)  This Act takes effect immediately if it receives a vote
 6-1     of two-thirds of all the members elected to each house, as provided
 6-2     by Section 39, Article III, Texas Constitution.  If this Act does
 6-3     not receive the vote necessary for immediate effect, this Act takes
 6-4     effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1148 was passed by the House on April
         26, 2001, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 1148 on May 25, 2001, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 1148 on May 27, 2001, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1148 was passed by the Senate, with
         amendments, on May 23, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting; at the request of the House, the Senate
         appointed a conference committee to consider the differences
         between the two houses; and that the Senate adopted the conference
         committee report on H.B. No. 1148 on May 27, 2001, by the following
         vote:  Yeas 30, Nays 0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor