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.