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