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.