By: Armbrister S.B. No. 1261
(In the Senate - Filed March 12, 2003; March 19, 2003, read
first time and referred to Committee on Business and Commerce;
April 14, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 14, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1261 By: Armbrister
A BILL TO BE ENTITLED
AN ACT
relating to notice of proposed construction and the marking and
location of certain wireless communication facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the LeClair-Jennings
Act.
SECTION 2. Chapter 35, Business & Commerce Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. WIRELESS COMMUNICATION FACILITY
Sec. 35.111. DEFINITION. In this subchapter, "wireless
communication facility" means an equipment enclosure, antenna,
antenna support structure, and any associated facility used for the
reception or transmittal of a radio frequency, microwave, or other
signal for a commercial communications purpose.
Sec. 35.112. NOTICE OF CONSTRUCTION. (a) A person
proposing to construct a wireless communication facility that is
taller than 100 feet shall, on or before the 30th day before the
date the construction begins, mail a letter to each of the
following:
(1) any airport located within three miles of the
proposed facility location; and
(2) the Texas Agricultural Aviation Association.
(b) The letter must state:
(1) the legal description of the proposed site of
construction, including a graphic depiction showing the location,
height, longitude, latitude, pad size, roadway access, and proposed
use of the wireless communication facility and location of any guy
wires;
(2) at a minimum, the name, phone number, electronic
mail address, if any, and mailing address of the person proposing
construction of the wireless communication facility; and
(3) a phone number that is operational 24 hours a day,
seven days a week, for emergency purposes.
Sec. 35.113. EXCEPTIONS. This subchapter does not apply to
any structure whose main purpose is to provide electric service, a
wireless communication facility used by an entity only for internal
communications, a wireless communication facility constructed by a
municipality, a wireless communication facility used for emergency
communications, a radio or television reception antenna, a
satellite or microwave parabolic antenna not used by a wireless
communication service provider, a receive-only antenna, an antenna
owned and operated by a federally licensed amateur radio station
operator, a cable television company facility, a radio or
television broadcasting facility, a colocation antenna, or a
wireless communication facility installed for colocation purposes.
Sec. 35.114. EFFECT ON CERTAIN ORDINANCES. This subchapter
does not preempt a local ordinance regulating a wireless
communication facility.
SECTION 3. Subchapter B, Chapter 21, Transportation Code,
is amended by adding Section 21.070 to read as follows:
Sec. 21.070. MARKING OF WIRELESS COMMUNICATION FACILITY.
(a) In this section:
(1) "Cultivated field" means any open space or pasture
larger than five acres in which a plant or tree nursery is located
or an agricultural crop, including cotton, corn, grain, grapes,
beets, peanuts, and rice, but not including grass grown for hay, is
grown on a continuing basis.
(2) "Wireless communication facility" has the meaning
assigned by Section 35.111, Business & Commerce Code.
(b) 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) 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) 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 shall mark the highest guy
wires on the facility, if any, with two warning spheres each.
SECTION 4. (a) The changes in law made by this Act apply
only to a wireless communication facility constructed on or after
the effective date of this Act.
(b) This Act takes effect immediately if it receives a vote
of two-thirds of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act does
not receive the vote necessary for immediate effect, this Act takes
effect September 1, 2003.
* * * * *