By Cook H.B. No. 1148 77R4250 JMG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of counties to regulate wireless 1-3 communication facilities; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 240, Local Government Code, is amended by 1-6 adding Subchapter E to read as follows: 1-7 SUBCHAPTER E. WIRELESS COMMUNICATION FACILITIES 1-8 Sec. 240.081. DEFINITION. In this subchapter, "wireless 1-9 communication facilities" means: 1-10 (1) antenna support structures for mobile and 1-11 land-based telecommunication facilities, whip antennas, panel 1-12 antennas, microwave dishes, or receive-only satellite dishes; 1-13 (2) cell enhancers and related equipment for wireless 1-14 transmission from a sender to one or more receivers for mobile 1-15 telephones, mobile radio systems facilities, commercial radio 1-16 service, or other services or receivers; 1-17 (3) a monopole tower, a steel lattice tower, or any 1-18 other communication tower; or 1-19 (4) any type of communication equipment shelter. 1-20 Sec. 240.082. AUTHORITY OF COUNTY TO REGULATE. (a) The 1-21 commissioners court of a county may by order regulate wireless 1-22 communication facilities, including collocated or shared 1-23 facilities. 1-24 (b) The regulations may include a requirement for a permit 2-1 for the construction, expansion, or removal of a tower or other 2-2 facility and may impose fees on regulated persons to recover the 2-3 cost of administering the regulations. 2-4 (c) The regulations may include the regulation of the: 2-5 (1) height of towers and other facilities; 2-6 (2) lighting of towers and other facilities; 2-7 (3) location of towers and other facilities; and 2-8 (4) removal of towers and other facilities. 2-9 Sec. 240.083. FILING REQUIREMENTS REGARDING CONSTRUCTION. 2-10 (a) A person wishing to construct a wireless communication 2-11 facility shall, before the 180th day before the date construction 2-12 begins, file with the county official designated by the 2-13 commissioners court: 2-14 (1) a statement informing the county that the 2-15 construction is proposed and providing the date on or after which 2-16 the construction will begin; 2-17 (2) copies of any necessary permits from the Federal 2-18 Communications Commission; 2-19 (3) any necessary engineered drawings that have been 2-20 approved by the Federal Aviation Administration; 2-21 (4) the correct phone number and address of each 2-22 entity involved in the construction; and 2-23 (5) maps of existing wireless communication services 2-24 and facilities in the area and the links that will be created. 2-25 (b) A person wishing to construct a wireless communication 2-26 facility shall, before the 120th day before construction begins, 2-27 publish a notice of a public hearing the person shall hold about 3-1 the wireless communication facility. The notice must be published 3-2 in a local newspaper of general circulation in the county stating: 3-3 (1) the date, time, and place of the public hearing; 3-4 (2) the site, height, and proposed use of the wireless 3-5 communication facility; and 3-6 (3) the name and phone number of a person whom 3-7 interested persons may contact to receive information about the 3-8 construction. 3-9 (c) The public hearing must take place after the 20th day 3-10 following the date of publication but before the 30th day following 3-11 the publication date. 3-12 (d) The person wishing to construct the wireless 3-13 communication facility shall, before the 60th day before the date 3-14 the construction begins, mail a letter to each resident and each 3-15 owner of land within one mile of the location of the wireless 3-16 communication facility stating: 3-17 (1) the site, height, and proposed use of the wireless 3-18 communication facility; and 3-19 (2) the name and phone number of a person whom 3-20 interested persons may contact to receive information about the 3-21 construction. 3-22 Sec. 240.084. OFFENSE. (a) A person commits an offense if 3-23 the person violates an order adopted under this subchapter and the 3-24 order defines the violation as an offense. 3-25 (b) An offense under this section is prosecuted in the same 3-26 manner as an offense defined under state law. 3-27 (c) An offense under this section is a Class C misdemeanor. 4-1 Sec. 240.085. INJUNCTION. The county attorney or an attorney 4-2 representing the county may file an action in a district court to 4-3 enjoin a violation or threatened violation of an order adopted 4-4 under this subchapter. The court may grant appropriate relief. 4-5 SECTION 2. This Act takes effect immediately if it receives 4-6 a vote of two-thirds of all the members elected to each house, as 4-7 provided by Section 39, Article III, Texas Constitution. If this 4-8 Act does not receive the vote necessary for immediate effect, this 4-9 Act takes effect September 1, 2001.