79R1427 PAM-D

By:  Truitt                                                       H.B. No. 843



A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain counties to regulate wireless 
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.  WIRELESS COMMUNICATION FACILITIES
	Sec. 240.081.  DEFINITIONS. In this subchapter:                         
		(1)  "Residential subdivision" means a subdivision:                    
			(A)  for which a plat is recorded in the county 
real property records; and
			(B)  in which the majority of the lots are subject 
to deed restrictions limiting the lots to residential use.
		(2)  "Wireless communication facilities" means:                        
			(A)  antenna support structures for mobile and 
land-based telecommunication facilities, whip antennas, panel 
antennas, microwave dishes, or receive-only satellite dishes;
			(B)  cell enhancers and related equipment for 
wireless transmission from a sender to one or more receivers for 
mobile telephones, mobile radio systems facilities, commercial 
radio service, or other services or receivers;
			(C)  a monopole tower, a steel lattice tower, or 
any other communication tower; or
			(D)  any type of communication equipment shelter.                     
	Sec. 240.082.  APPLICABILITY.  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:
		(1)  the extraterritorial jurisdiction of a 
municipality; and        
		(2)  one-quarter mile of a residential subdivision.                    
	Sec. 240.083.  AUTHORITY OF COUNTY TO REGULATE.  (a)  The 
commissioners court of a county subject to this subchapter may by 
order regulate wireless communication facilities, including 
collocated or shared facilities.
	(b)  The regulations may include a requirement for a permit 
for the construction, expansion, or removal of a tower or other 
facility and may impose fees on regulated persons to recover the 
cost of administering the regulations.
	(c)  The regulations may include the regulation of the 
height, location, lighting, and removal of towers and other 
facilities.
	Sec. 240.084.  FILING REQUIREMENTS REGARDING CONSTRUCTION. 
(a)  Before the 180th day before the date construction begins, a 
person proposing to construct a wireless communication facility 
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)  maps of existing wireless communication services 
and facilities in the area and the links that will be created.
	(b)  Before the 120th day before construction begins, the 
person proposing to construct the wireless communication facility 
shall publish a notice of a public hearing the person shall hold 
about the wireless communication facility.  The notice must be 
published in a local newspaper of general circulation in the county 
stating:
		(1)  the date, time, and place of the public hearing;                  
		(2)  the site, height, and proposed use of the wireless 
communication facility; and
		(3)  the name and phone number of a person whom 
interested persons may contact to receive information about the 
construction.
	(c)  The public hearing must take place after the 20th day 
following the date of publication but before the 30th day following 
the publication date.
	(d)  Before the 60th day before the date the construction 
begins, the person proposing to construct the wireless 
communication facility shall mail a letter to each resident and 
each owner of land within one-quarter mile of the location of the 
wireless communication facility stating:
		(1)  the site, height, and proposed use of the wireless 
communication facility; and
		(2)  the name and phone number of a person whom 
interested persons may contact to receive information about the 
construction.
	Sec. 240.085.  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. 240.086.  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.