79R10800 PAM-D
By: Truitt H.B. No. 843
Substitute the following for H.B. No. 843:
By: Baxter C.S.H.B. No. 843
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to regulate the
construction of certain communication facilities in certain
circumstances; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 240, Local Government Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. COMMUNICATION FACILITIES
Sec. 240.081. DEFINITIONS. In this subchapter:
(1) "Communication facility structure" means:
(A) an antenna support structure for a mobile or
land-based telecommunication facility, or a whip antenna, panel
antenna, microwave dish, or receive-only satellite dish;
(B) a cell enhancer and related equipment for
wireless transmission from a sender to one or more receivers for a
mobile telephone, or a mobile radio system facility, commercial
radio service, or other service or receiver; or
(C) a monopole tower, a steel lattice tower, or
any other communication tower.
(2) "Residential subdivision" means a subdivision:
(A) for which a plat is recorded in the county
real property records;
(B) in which the majority of the lots are subject
to deed restrictions limiting the lots to residential use; and
(C) that includes at least five lots that are
designated as homestead property.
Sec. 240.082. APPLICABILITY. (a) This subchapter applies
only to real property that is located in the unincorporated area of
a county with a population of 1.4 million or more and located within
one-quarter mile of a residential subdivision.
(b) This subchapter does not apply to:
(1) a communication facility structure built to
replace an existing communication facility structure if:
(A) the replacement communication facility
structure is constructed within 300 feet of the existing
communication facility structure;
(B) the replacement communication facility
structure is the same size and constructed for the same purpose as
the existing communication facility structure; and
(C) the existing communication facility
structure is removed not later than the 14th day after the date the
replacement communication facility structure begins operation; or
(2) a communication antenna, antenna facility, or
antenna tower or support structure located in a residential area
that is used by an amateur radio operator:
(A) exclusively for amateur radio communication
or public safety services; and
(B) who is licensed by the Federal Communications
Commission.
Sec. 240.083. AUTHORITY OF COUNTY TO REGULATE. (a) The
commissioners court of a county subject to this subchapter may by
order regulate the location of a communication facility structure.
(b) The regulations may include a requirement for a permit
for the construction or expansion of the communication facility
structure and may impose fees on regulated persons to recover the
cost of administering the regulations.
Sec. 240.084. COUNTY PERMIT. (a) This section applies only
to the issuance of a permit to construct or improve a communication
facility structure under a regulation adopted under this
subchapter.
(b) The commissioners court must, not later than the 45th
day after the date the application for the permit is filed:
(1) grant or deny the permit application;
(2) provide written notice to the applicant stating
the reason the commissioners court has not acted on the permit
application; or
(3) enter into an agreement with the applicant
establishing a date by which the commissioners court will grant or
deny the permit application.
(c) If the commissioners court provides notice to the
applicant under Subsection (b)(2), the commissioners court must
grant or deny the permit application not later than the 30th day
after the date the applicant received the notice.
(d) If the commissioners court fails to act on a permit
application within the 30-day period prescribed by Subsection (c)
or under the terms of an agreement under Subsection (b)(3), the
commissioners court:
(1) may not collect any permit fees associated with
the permit application; and
(2) shall refund to the applicant any permit fees
associated with the application that have been previously
collected.
Sec. 240.085. NOTICE BY SIGN. (a) Not later than the 60th
day before the date a permit application is filed under Section
240.084, the applicant for a permit for a location not previously
licensed or permitted shall prominently post an outdoor sign at the
proposed location:
(1) stating that a communication facility structure is
proposed for the location; and
(2) providing the name and business address of the
applicant.
(b) The sign must be at least 24 by 36 inches in size and
must be published in lettering at least two inches in size. The
county in which the proposed communication facility structure is to
be located may require the sign to be published in English and in a
language other than English if it is likely that a substantial
number of residents in the area speak a language other than English
as their familiar language.
Sec. 240.086. VARIANCES. (a) A person who proposes to
construct or increase the height of a communication facility
structure in violation of a regulation adopted by order by a county
subject to this subchapter may apply to the commissioners court for
a variance from the regulation.
(b) The commissioners court shall hold a public hearing on
the proposed variance. The commissioners court may authorize a
variance from a regulation if the commissioners court finds that:
(1) a literal application or enforcement of the
regulation would result in practical difficulty or unnecessary
hardship; and
(2) granting the relief sought would:
(A) result in substantial justice;
(B) not be contrary to the public interest; and
(C) be in accordance with the spirit of the
regulation and this subchapter.
(c) The commissioners court may impose any reasonable
conditions on the variance that the commissioners court considers
necessary to accomplish the purposes of this subchapter.
(d) Before the 10th day before the date the commissioners
court holds a public hearing on the variance request, written
notice of the public hearing shall be provided to each owner of
property located within one-quarter mile of the proposed location
of the communication facility structure. The notice must include:
(1) the date, time, and place of the public hearing;
(2) the proposed location, height, and use of the
proposed communication facility structure; and
(3) the name and telephone number of a person
interested persons may contact to receive information regarding the
construction of the proposed communication facility structure.
Sec. 240.087. ADDITIONAL FILING REQUIREMENTS REGARDING
CONSTRUCTION. Before the 90th day before the date construction
begins, a person proposing to construct a communication facility
structure in the unincorporated area of a county subject to this
subchapter that is taller than 60 feet shall file with the county
official designated by the commissioners court:
(1) a statement informing the county that the
construction is proposed and providing the date on or after which
the construction will begin;
(2) copies of any necessary permits from the Federal
Communications Commission;
(3) any necessary engineered drawings that have been
approved by the Federal Aviation Administration;
(4) the correct phone number and address of each
entity involved in the construction; and
(5) a plat or map of the specific proposed location
of the communication facility structure.
Sec. 240.088. OFFENSE. (a) A person commits an offense if
the person violates an order adopted under this subchapter and the
order defines the violation as an offense.
(b) An offense under this section is prosecuted in the same
manner as an offense defined under state law.
(c) An offense under this section is a Class C misdemeanor.
Sec. 240.089. INJUNCTION. The county attorney or an
attorney representing the county may file an action in a district
court to enjoin a violation or threatened violation of an order
adopted under this subchapter. The court may grant appropriate
relief.
SECTION 2. 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, 2005.