SRC-LBB S.B. 1261 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1261
78R7330 PAM-DBy: Armbrister
Business & Commerce
4/8/2003
As Filed


DIGEST 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.
As proposed, S.B. 1261 requires a person wishing to construct a wireless
communication facility taller than 100 feet to meet certain filing
requirements regarding construction.  This bill also requires notice of
construction to be provided to certain individuals and entities.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Authorizes this Act to be cited as the LeClair-Jennings Act.

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.  FILING REQUIREMENTS REGARDING CONSTRUCTION. (a) Requires a
person wishing to construct a wireless communication facility that is
taller than 100 feet to, before the 30th day before the date construction
begins, file certain information with the county clerk or the county
official designated by the commissioners court of the county in which the
person wishes to construct a wireless communication facility. 

(b)  Requires a person wishing to construct a wireless communication
facility to assign each proposed wireless communication facility a unique
identification and to provide the county clerk or official with that
unique identification. 

Sec. 35.113.  NOTICE OF CONSTRUCTION. (a)  Requires a person proposing to
construct a wireless communication facility that is taller than 100 feet
to, 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. 35.114.  TRANSFER OF OWNERSHIP.  Requires the lessee of the real
property used for the wireless communication facility to give written
notice to the county clerk or official of the county of construction and
the lessor of the real property, if a transfer of ownership of a wireless
communication facility occurs that results in a change in the information
required under Section 35.113(b)(2), (3), or (4). 

Sec. 35.115.  REMOVAL.  Requires a contract entered into by a property
owner that  conveys to a person a property interest for the purpose of
allowing the person to construct a wireless communication facility to
contain a provision relating to the removal of the facility and any
appurtenances to the facility that prescribes the circumstances under
which removal is required to be accomplished. 

Sec. 35.116.  EXCEPTIONS.  Provides that this subchapter does not apply to
certain structures. 

Sec. 35.117.  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.
Requires the markings required under this section to be of a kind
generally used for marking antennae structures. 

SECTION 4.  (a)  Makes application of this Act prospective.

            (b)  Effective date:  upon passage or September 1, 2003.