1-1 By: Cook (Senate Sponsor - Armbrister) H.B. No. 1148 1-2 (In the Senate - Received from the House April 27, 2001; 1-3 April 30, 2001, read first time and referred to Committee on 1-4 Business and Commerce; May 11, 2001, reported favorably by the 1-5 following vote: Yeas 6, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to notice of proposed construction sent to the county 1-9 commissioners court and others regarding, and the marking, 1-10 location, and removal of, certain wireless communication 1-11 facilities. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 35, Business & Commerce Code, is amended 1-14 by adding Subchapter J to read as follows: 1-15 SUBCHAPTER J. WIRELESS COMMUNICATION FACILITY 1-16 Sec. 35.111. DEFINITION. In this subchapter, "wireless 1-17 communication facility" means an equipment enclosure, antenna, 1-18 antenna support structure, and any associated facility used for the 1-19 reception or transmittal of a radio frequency, microwave, or other 1-20 signal for a commercial communications purpose. 1-21 Sec. 35.112. FILING REQUIREMENTS REGARDING CONSTRUCTION. (a) 1-22 A person wishing to construct a wireless communication facility 1-23 shall, before the 30th day before the date construction begins, 1-24 file with the county clerk or the county official designated by the 1-25 commissioners court of the county in which the person wishes to 1-26 construct a wireless communication facility: 1-27 (1) a statement that construction is proposed and that 1-28 provides the date on or after which the construction will begin; 1-29 (2) the correct phone number and address of each 1-30 entity involved in the construction; 1-31 (3) the legal description of the proposed site of 1-32 construction, including a graphic depiction showing the location, 1-33 height, longitude, latitude, pad size, location of any guy wires, 1-34 roadway access, and proposed use of the wireless communication 1-35 facility; and 1-36 (4) a phone number that is operational 24 hours a day, 1-37 seven days a week for emergency purposes. 1-38 (b) A person wishing to construct a wireless communication 1-39 facility shall assign each proposed wireless communication facility 1-40 a unique identification and shall provide the county clerk or 1-41 official with that unique identification. 1-42 Sec. 35.113. NOTICE OF CONSTRUCTION. (a) A person proposing 1-43 to construct a wireless communication facility that is taller than 1-44 100 feet shall, before the 30th day before the date the 1-45 construction begins, mail a letter to: 1-46 (1) each of the following: 1-47 (A) a public airport located within three miles 1-48 of the proposed facility location; and 1-49 (B) the Texas Department of Agriculture, who 1-50 shall notify the boll weevil eradication foundation; and 1-51 (2) one of the following: 1-52 (A) each owner of land within two miles of the 1-53 proposed facility location if the proposed location is not within a 1-54 metropolitan statistical area; or 1-55 (B) a newspaper of general circulation in the 1-56 county of construction. 1-57 (b) The letter must state: 1-58 (1) the legal description of the proposed site of 1-59 construction, including a graphic depiction showing the location, 1-60 height, longitude, latitude, pad size, location of any guy wires, 1-61 roadway access, and proposed use of the wireless communication 1-62 facility; 1-63 (2) at a minimum, the name, phone number, and mailing 1-64 address of the person proposing construction of the wireless 2-1 communication facility; 2-2 (3) the unique identification of the wireless 2-3 communication facility; and 2-4 (4) a phone number that is operational 24 hours a day, 2-5 seven days a week for emergency purposes. 2-6 Sec. 35.114. TRANSFER OF OWNERSHIP. If a transfer of 2-7 ownership of a wireless communication facility occurs, the lessee 2-8 of the real property used for the wireless communication facility 2-9 shall give written notice to the county clerk or official of the 2-10 county of construction and the lessor of the real property. 2-11 Sec. 35.115. REMOVAL. A contract entered into by a property 2-12 owner that conveys to a person a property interest for the purpose 2-13 of allowing the person to construct a wireless communication 2-14 facility must contain a provision relating to the removal of the 2-15 facility and any appurtenances to the facility that prescribes the 2-16 circumstances under which removal shall be accomplished. 2-17 Sec. 35.116. EXCEPTIONS. This subchapter does not apply to 2-18 any structure whose main purpose is to provide electric service, a 2-19 wireless communication facility constructed by a municipality, a 2-20 wireless communication facility used for emergency communications, 2-21 a radio or television reception antenna, a satellite or microwave 2-22 parabolic antenna not used by a wireless communication service 2-23 provider, a receive-only antenna, an antenna owned and operated by 2-24 a federally licensed amateur radio station operator, a cable 2-25 television company facility if the company holds a valid and 2-26 current franchise, a radio or television broadcasting facility, a 2-27 co-location antenna, or a wireless communication facility installed 2-28 for co-location purposes. 2-29 Sec. 35.117. EFFECT ON CERTAIN ORDINANCES. This subchapter 2-30 does not preempt a local ordinance regulating a wireless 2-31 communication facility. 2-32 SECTION 2. Subchapter B, Chapter 21, Transportation Code, is 2-33 amended by adding Section 21.069 to read as follows: 2-34 Sec. 21.069. MARKING OF WIRELESS COMMUNICATION FACILITY. (a) 2-35 In this section: 2-36 (1) "Cultivated field" means any open space or pasture 2-37 larger than five acres in which a plant or tree nursery is located 2-38 or a row crop, including cotton, corn, grain, grapes, beets, 2-39 peanuts, or another row crop, is grown on a continuing basis. 2-40 (2) "Wireless communication facility" has the meaning 2-41 assigned by Section 35.111, Business & Commerce Code. 2-42 (b) Absence of plants, seedlings, or a crop on a temporary 2-43 basis due to crop rotation or other farm management techniques does 2-44 not remove an open area from the definition of "cultivated field." 2-45 (c) This section applies only to an antenna structure that 2-46 is used to provide commercial wireless communications services and 2-47 that is located in a cultivated field. 2-48 (d) A person who provides commercial wireless communications 2-49 services and constructs a wireless communication facility that is 2-50 at least 100 feet but not more than 200 feet in height above ground 2-51 level shall mark the highest guy wires on the facility, if any. 2-52 The markings required under this section must be of a kind 2-53 generally used for marking antennae structures. 2-54 SECTION 3. (a) The changes in law made by this Act apply 2-55 only to a wireless communication facility constructed on or after 2-56 the effective date of this Act. 2-57 (b) This Act takes effect immediately if it receives a vote 2-58 of two-thirds of all the members elected to each house, as provided 2-59 by Section 39, Article III, Texas Constitution. If this Act does 2-60 not receive the vote necessary for immediate effect, this Act takes 2-61 effect September 1, 2001. 2-62 * * * * *