By Dukes H.B. No. 2977 77R6671 T A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prohibitions imposed upon the construction of 1-3 telecommunications facilities as a result of impervious ground 1-4 cover requirements. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle A, Title 9, Local Government Code, is 1-7 amended by adding Chapter 284 to read as follows: 1-8 CHAPTER 284. CONSTRUCTION OF TELECOMMUNICATIONS FACILITIES IN 1-9 MUNICIPALITY. 1-10 Sec. 284.001. DEFINITIONS. (a) For purposes of this 1-11 Chapter: 1-12 (1) "Commission" means the Public Utility Commission 1-13 of Texas. 1-14 (2) "Facility" means and includes any building, 1-15 structure, or device that is used or useful in the provision of 1-16 public utility or telecommunications services. 1-17 (3) "Impervious cover regulation" means a statute, 1-18 ordinance, regulation or other enactment by the State, a county, a 1-19 municipality, or other authority that limits in any manner the 1-20 development of real property based upon the amount of impervious 1-21 cover to be constructed. 1-22 (4) "Regulating authority" means a municipality, 1-23 county, or other authority or political subdivision of the state 1-24 that has adopted an impervious cover regulation by ordinance, 2-1 resolution, regulation, rule, or other enactment. 2-2 Sec. 284.010. PROCESS FOR EVALUATION OF REGULATION. (a) A 2-3 regulating authority shall review and grant or deny a written 2-4 request by a telecommunications utility or public utility to 2-5 construct a facility or expand an existing facility on real 2-6 property owned, leased, or occupied by the telecommunications 2-7 utility or public utility in an area governed by an impervious 2-8 cover regulation within 30 days of delivery of the request to the 2-9 regulating authority. 2-10 (b) The regulating authority shall be deemed to have granted 2-11 the request unless within 30 days of delivery of the request, after 2-12 hearing, the regulating authority determines in writing that: 2-13 (1) the request does not meet the standards of the 2-14 applicable impervious cover regulation; and 2-15 (2) additional, suitable vacant land contiguous with 2-16 the proposed building site sufficient to satisfy the impervious 2-17 cover regulation is available through purchase or grant without 2-18 condemnation in a reasonable time not to exceed 60 days from the 2-19 date of the request for a price not exceeding the lowest fair 2-20 market value of vacant land within a one-mile radius of the 2-21 facility the subject of the request. 2-22 (c) The regulating authority's determination of the request 2-23 shall be in writing, and if a denial of the request, the 2-24 determination shall detail the findings upon which the regulating 2-25 authority relies to deny the request. 2-26 Sec. 284.020. PREEMPTION. Impervious cover regulations are 2-27 preempted and made inapplicable to the real property on which the 3-1 facility or expanded facility made the basis of a request pursuant 3-2 to section 284.010 is proposed to be constructed if the regulating 3-3 authority fails to determine the request as set forth in this 3-4 Chapter. 3-5 Sec. 284.030. ADDITIONAL COMMISSION JURISDICTION. The 3-6 commission shall have the jurisdiction over regulating authorities 3-7 necessary to enforce the provisions of this Chapter and to ensure 3-8 that all other legal requirements are enforced in a competitively 3-9 neutral, non-discriminatory, and reasonable manner. 3-10 SECTION 2. This Act takes effect September 1, 2001.