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A BILL TO BE ENTITLED
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AN ACT
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relating to painting and marking requirements for certain towers; |
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creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Transportation Code, |
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is amended by adding Section 21.071 to read as follows: |
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Sec. 21.071. PAINTING AND MARKING REQUIREMENTS FOR CERTAIN |
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TOWERS; OFFENSE. (a) In this section, "tower" means a structure |
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that: |
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(1) is self-standing or supported by guy wires and |
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anchors; |
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(2) is not more than six feet in diameter at the base |
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of the structure; and |
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(3) has accessory facilities on which an antenna, |
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sensor, camera, meteorological instrument, or other equipment is |
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mounted. |
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(b) For purposes of this section, "tower" does not include a |
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structure that is located: |
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(1) adjacent to a building, including a barn, or an |
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electric utility substation; or |
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(2) in the curtilage of a residence. |
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(c) A tower that is at least 50 feet but not more than 200 |
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feet in height above ground level: |
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(1) must be painted in equal alternating bands of |
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aviation orange and white, beginning with orange at the top of the |
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tower; |
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(2) must have aviation orange marker balls installed |
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and displayed in accordance with the standards contained in 76 Fed. |
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Reg. 36983 (June 24, 2011) and Federal Aviation Administration |
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Advisory Circular AC 70/7460-1K; and |
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(3) may not be supported by guy wires unless the guy |
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wires have a seven-foot-long safety sleeve at each anchor point |
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that extends from the anchor point along each guy wire attached to |
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the anchor point. |
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(d) A person who owns, operates, or erects a tower in |
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violation of this section commits an offense. An offense under this |
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subsection is a Class C misdemeanor, except that the offense is a |
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Class B misdemeanor if it is shown on the trial of the offense that |
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as a result of the commission of the offense a collision with the |
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tower occurred causing bodily injury or death to another person. |
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(e) This section does not apply to: |
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(1) a tower that supports an electric utility |
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transmission or distribution line; |
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(2) a facility licensed by the Federal Communications |
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Commission or any structure with the primary purpose of supporting |
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telecommunications equipment, including microwave relay facilities |
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and towers erected for the purpose of providing commercial mobile |
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data service or commercial mobile radio service as defined by 47 |
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C.F.R. Section 20.3, other than a tower erected for the primary |
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purpose of providing private mobile radio service as defined by 47 |
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C.F.R. Section 20.3; |
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(3) a wind-powered electrical generator with a rotor |
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blade radius greater than six feet; or |
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(4) a traffic-control signal erected or maintained by |
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the department. |
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(f) The department shall adopt rules to implement and |
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administer this section, including rules requiring a person: |
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(1) who owns, operates, or erects a tower to provide |
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notice to the department of the existence of or intent to erect a |
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tower; and |
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(2) to register the tower with the department. |
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SECTION 2. The Texas Department of Transportation shall |
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adopt rules required to implement and administer Section 21.071, |
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Transportation Code, as added by this Act, not later than December |
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31, 2015. |
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SECTION 3. (a) Except as provided by this section, Section |
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21.071, Transportation Code, as added by this Act, applies to a |
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tower erected before, on, or after the effective date of this Act. |
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(b) A tower erected before the effective date of this Act is |
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not required to comply with the painting and marking requirements |
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of Section 21.071, Transportation Code, as added by this Act, until |
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September 1, 2016. |
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SECTION 4. This Act takes effect September 1, 2015. |