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.
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