H.B. 2859 78(R)    BILL ANALYSIS


H.B. 2859
By: Wohlgemuth
Transportation
 Committee Report (Unamended)



BACKGROUND AND PURPOSE 

To repeal Chapter 25, Transportation Code, to eliminate the authority of
the Texas Department of Transportation (TxDOT) to regulate the height of
towers as potential obstacles to air navigation. 

In 1983 the 68th Legislature passed the predecessor of this chapter, which
directed the Texas Aeronautics Commission to establish a permitting
process for certain towers over 200 feet high.  This permitting process
does not apply to structures that are regulated by the Federal
Communications Commission or the Federal Aviation Administration, and it
does not apply to structures within an area regulated by airport hazard
zoning. 

Although the Texas Aeronautics Commission adopted rules for this program,
the permitting process was never implemented.  The aeronautics commission
recognized that in light of the exemptions, few if any towers would
actually be subject to the permitting process.  In addition, the
legislature has never appropriated funds to administer the program. 

In 1991 the Texas Aeronautics Commission was merged into TxDOT.  TxDOT
adopted the preexisting rules, but took no further steps to implement the
permitting process. 

Chapter 25 imposes a permitting process that has never been implemented.
As a result, there is a risk of legal liability to the state because of
the possibility that there may be an accident involving a tower that would
fall under Chapter 25, but not under one of its exemptions.  Moreover, the
passage of time since the initial enactment has shown that it is
unnecessary to superimpose an additional level of state regulation on
existing federal regulation governing this subject. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 2859 repeals Chapter 25, Transportation Code, to eliminate the
permitting process for certain towers. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.