By: Truitt, Riddle (Senate Sponsor - Nelson) H.B. No. 843
(In the Senate - Received from the House May 12, 2005;
May 13, 2005, read first time and referred to Committee on Business
and Commerce; May 21, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 21, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 843 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to relating to the authority of certain counties to
regulate certain communication facility structures 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 FACILITY STRUCTURES
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; and
(C) that includes at least 5 lots that have
existing residential structures.
(2) "Communication facility structure" means:
(A) antenna support structures for mobile and
wireless 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 supporting mobile and wireless
telecommunication facilities.
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.
(b) This subchapter does not apply to existing
communication facilities or other structures used for the purpose
of co-location, provided the height is not increased by more than 10
feet.
Sec. 240.083. AUTHORITY OF COUNTY TO REGULATE. (a) Subject
to the restrictions in Section 240.084, the commissioners court of
a county subject to this subchapter may by order regulate the
location of communication facility structures in the
unincorporated areas of the county.
(b) The regulations may include a requirement for a permit
for the construction or expansion of the facility and may impose
fees, not to exceed $50, on regulated persons to recover the cost of
administering the regulations.
Sec. 240.084. LOCATION OF A COMMUNICATION FACILITY
STRUCTURE. The commissioners court of a county that is subject to
this subchapter may by order prohibit the construction of a
communication facility structure within 300 feet, or the height of
the structure whichever is greater, of a residential subdivision.
Sec. 240.085. FILING REQUIREMENTS REGARDING CONSTRUCTION.
(a) A person proposing to construct a communication facility
structure in the unincorporated area of a county subject to this
subchapter 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 is proposed to begin;
(2) copies of any necessary permits from the Federal
Communications Commission or Federal Aviation Administration;
(3) a plat or map of the specific proposed location of
the communication facility structure;
(4) the correct phone number and address of the entity
primarily responsible for the construction.
Sec. 240.086. VARIANCES. (a) A person who desires to
construct or increase the height of a communication facility
structure in violation of an order adopted by a county subject to
this subchapter, may apply to the commissioners court of the county
for a variance from the regulation.
(b) The commissioners court may allow a variance from a
regulation if it is found that:
(1) a literal application or enforcement of the
regulation would result in practical difficulty or unnecessary
hardship; and
(2) the granting of the relief would:
(A) result in substantial justice being done;
(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 it considers necessary to
accomplish the purposes of this subchapter.
(d) Prior to the request for a variance issued under this
section, the county may require the applicant to prominently post
an outdoor sign at the location stating that a communication
facility structure is intended to be located on the premises and
providing the name and business address of the applicant.
(e) The sign must be at least 24 by 36 inches in size and
must be written in lettering at least two inches in size. The
county in which the communication facility structure is to be
located may require the sign to be both in English and a language
other than English if it is likely that a substantial number of the
residents in the area speak a language other than English as their
familiar language.
Sec. 240.087. 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. 240.088. 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.
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