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.