77R13415 T By Hardcastle, Keffer, Ritter, Deshotel, H.B. No. 1492 Cook Substitute the following for H.B. No. 1492: By Alexander C.S.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): 2-1 (1) the name, address, and telephone number of the 2-2 person; 2-3 (2) the county in which the structure will be located; 2-4 (3) the location, by metes and bounds, at which the 2-5 structure will be located; and 2-6 (4) the date that the construction of the structure is 2-7 scheduled to begin. 2-8 Sec. 27.003. MARKING REQUIREMENT. A person who provides 2-9 commercial wireless telecommunications services and who constructs 2-10 an antenna structure that is at least 50 feet but not more than 200 2-11 feet in height above ground level shall mark the highest guy wires 2-12 on the structure. The person shall use markings under this 2-13 subsection that are of a kind generally used on antenna structures. 2-14 Sec. 27.004. APPLICABILITY. This chapter does not apply to 2-15 an antenna structure that is used to provide commercial wireless 2-16 telecommunications services that is not located within a 2-17 "cultivated field". "Cultivated field" for purposes of this 2-18 chapter shall mean any open space or pasture larger than five acres 2-19 in which a plant or tree nursery or row crops including cotton, 2-20 corn, grain, grapes, beets, peanuts, or other row crop are grown on 2-21 a continuing basis. Absence of plants or seedlings or a crop on a 2-22 temporary basis due to crop rotation purposes shall not remove such 2-23 open area from inclusion in this chapter. 2-24 SECTION 3. This Act takes effect September 1, 2001.