By Hardcastle, Keffer, Ritter, Deshotel,              H.B. No. 1492
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to notice and marking requirements for certain antenna
 1-3     structures.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. This Act may be called the LeClair-Jennings Act.
 1-6           SECTION 2. Title 3, Transportation Code, is amended by adding
 1-7     Chapter 27 to read as follows:
 1-8          CHAPTER 27.  NOTICE AND MARKING REQUIREMENTS FOR CERTAIN
 1-9                             ANTENNA STRUCTURES
1-10           Sec. 27.001.  DEFINITION.  In this chapter, "antenna
1-11     structure" means the supporting structure for an antenna or
1-12     antennas.  The term does not include a structure used primarily to
1-13     provide electric service.
1-14           Sec. 27.002.  NOTICE REQUIREMENT.  (a)  A person who provides
1-15     commercial wireless telecommunications services may not construct
1-16     an antenna structure that is at least 50 feet but not more than 200
1-17     feet in height above ground level unless the person provides
1-18     written notice of the proposed construction to:
1-19                 (1)  a public airport located within three miles of the
1-20     proposed antenna structure; and
1-21                 (2)  the Texas Department of Agriculture, who shall
1-22     notify the boll weevil eradication foundation.
1-23           (b)  The person constructing the antenna structure shall
1-24     include in the notice required by Subsection (a):
1-25                 (1)  the name, address, and telephone number of the
 2-1     person;
 2-2                 (2)  the county in which the structure will be located;
 2-3                 (3)  the location, by metes and bounds, at which the
 2-4     structure will be located; and
 2-5                 (4)  the date that the construction of the structure is
 2-6     scheduled to begin.
 2-7           Sec. 27.003.  MARKING REQUIREMENT.  A person who provides
 2-8     commercial wireless telecommunications services and who constructs
 2-9     an antenna structure that is at least 50 feet but not more than 200
2-10     feet in height above ground level shall mark the highest guy wires
2-11     on the structure.  The person shall use markings under this section
2-12     that are of a kind generally used on antenna structures.
2-13           Sec. 27.004.  APPLICABILITY.  This chapter does not apply to
2-14     an antenna structure that is used to provide commercial wireless
2-15     telecommunications services that is not located within a cultivated
2-16     field.  "Cultivated field" for purposes of this chapter shall mean
2-17     any open space or pasture larger than five acres in which a plant
2-18     or tree nursery or row crops, including cotton, corn, grain,
2-19     grapes, beets, peanuts, or other row crop, are grown on a
2-20     continuing basis.  Absence of plants or seedlings or a crop on a
2-21     temporary basis due to crop rotation purposes shall not remove such
2-22     open area from inclusion in this chapter.
2-23           SECTION 3. This Act takes effect September 1, 2001.