C.S.S.B. 1261 78(R)    BILL ANALYSIS


C.S.S.B. 1261
By: Armbrister
Regulated Industries
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

As the demand for wireless services grows, wireless providers are
increasing the construction of 
new towers. Residents in rural areas may have little or no notice when a
new tower is scheduled 
for construction. C.S.S.B. 1261 requires a person wishing to construct a
wireless communication 
facility taller than 100 feet to meet certain requirements regarding
construction. This bill also 
requires notice of construction to be provided to certain individuals and
entities. 


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

SECTION 2. Amends Chapter 35, Business & Commerce Code, by adding
Subchapter J, as 
follows:
SUBCHAPTER J. WIRELESS COMMUNICATION FACILITY
Sec. 35.111. DEFINITION. Defines "wireless communication facility."
Sec. 35.112. NOTICE OF CONSTRUCTION. (a) Requires a person proposing to
construct a wireless communication facility that is taller than 100 feet
to, on or before the 
30th day before the date the construction begins, mail a letter to certain
individuals and 
entities.
(b) Requires the letter to state certain information.
Sec. 35.113. EXCEPTIONS. Provides that this subchapter does not apply to
certain 
structures.
Sec. 35.114. EFFECT ON CERTAIN ORDINANCES. Provides that this subchapter
does not preempt a local ordinance regulating a wireless communication
facility. 
SECTION 3. Amends Chapter 21B, Transportation Code, by adding Section
21.070, as follows: 
Sec. 21.070. MARKING OF WIRELESS COMMUNICATION FACILITY. (a) Defines
"cultivated field" and "wireless communication facility."
(b) Provides that absence of plants, seedlings, or a crop on a temporary
basis due 
to crop rotation or other farm management techniques does not remove an
open 
area from the definition of "cultivated field."
(c) Provides that this section applies only to an antenna structure that
is used to 
provide commercial wireless communications services and that is located in
a 
cultivated field or within 100 feet of a cultivated field.
(d) Requires a person who proposes to construct a wireless communication
facility that is at least 100 feet but not more than 200 feet in height
above ground 
level to mark the highest guy wires on the facility, if any, with two
warning 
spheres each.


EFFECTIVE DATE

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

 COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute to SB 1261 changes the name of this Act from the
LeClair-Jennings Act to the Jennings-Payne Act.