77R12384 E
By Cook H.B. No. 1148
Substitute the following for H.B. No. 1148:
By Lewis of Tarrant C.S.H.B. No. 1148
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice of proposed construction sent to the county
1-3 commissioners court and others regarding, and the marking,
1-4 location, and removal of, certain wireless communication
1-5 facilities.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 35, Business & Commerce Code, is amended
1-8 by adding Subchapter J to read as follows:
1-9 SUBCHAPTER J. WIRELESS COMMUNICATION FACILITY
1-10 Sec. 35.111. DEFINITION. In this subchapter, "wireless
1-11 communication facility" means an equipment enclosure, antenna,
1-12 antenna support structure, and any associated facility used for the
1-13 reception or transmittal of a radio frequency, microwave, or other
1-14 signal for a commercial communications purpose.
1-15 Sec. 35.112. FILING REQUIREMENTS REGARDING CONSTRUCTION. (a)
1-16 A person wishing to construct a wireless communication facility
1-17 shall, before the 30th day before the date construction begins,
1-18 file with the county clerk or the county official designated by the
1-19 commissioners court of the county in which the person wishes to
1-20 construct a wireless communication facility:
1-21 (1) a statement that construction is proposed and that
1-22 provides the date on or after which the construction will begin;
1-23 (2) the correct phone number and address of each
1-24 entity involved in the construction;
2-1 (3) the legal description of the proposed site of
2-2 construction, including a graphic depiction showing the location,
2-3 height, longitude, latitude, pad size, location of any guy wires,
2-4 roadway access, and proposed use of the wireless communication
2-5 facility; and
2-6 (4) a phone number that is operational 24 hours a day,
2-7 seven days a week for emergency purposes.
2-8 (b) A person wishing to construct a wireless communication
2-9 facility shall assign each proposed wireless communication facility
2-10 a unique identification and shall provide the county clerk or
2-11 official with that unique identification.
2-12 Sec. 35.113. NOTICE OF CONSTRUCTION. (a) A person proposing
2-13 to construct a wireless communication facility that is taller than
2-14 100 feet shall, before the 30th day before the date the
2-15 construction begins, mail a letter to:
2-16 (1) each of the following:
2-17 (A) a public airport located within three miles
2-18 of the proposed facility location; and
2-19 (B) the Texas Department of Agriculture, who
2-20 shall notify the boll weevil eradication foundation; and
2-21 (2) one of the following:
2-22 (A) each owner of land within two miles of the
2-23 proposed facility location if the proposed location is not within a
2-24 metropolitan statistical area; or
2-25 (B) a newspaper of general circulation in the
2-26 county of construction.
2-27 (b) The letter must state:
3-1 (1) the legal description of the proposed site of
3-2 construction, including a graphic depiction showing the location,
3-3 height, longitude, latitude, pad size, location of any guy wires,
3-4 roadway access, and proposed use of the wireless communication
3-5 facility;
3-6 (2) at a minimum, the name, phone number, and mailing
3-7 address of the person proposing construction of the wireless
3-8 communication facility;
3-9 (3) the unique identification of the wireless
3-10 communication facility; and
3-11 (4) a phone number that is operational 24 hours a day,
3-12 seven days a week for emergency purposes.
3-13 Sec. 35.114. TRANSFER OF OWNERSHIP. If a transfer of
3-14 ownership of a wireless communication facility occurs, the lessee
3-15 of the real property used for the wireless communication facility
3-16 shall give written notice to the county clerk or official of the
3-17 county of construction and the lessor of the real property.
3-18 Sec. 35.115. REMOVAL. A contract entered into by a property
3-19 owner that conveys to a person a property interest for the purpose
3-20 of allowing the person to construct a wireless communication
3-21 facility must contain a provision relating to the removal of the
3-22 facility and any appurtenances to the facility that prescribes the
3-23 circumstances under which removal shall be accomplished.
3-24 Sec. 35.116. EXCEPTIONS. This subchapter does not apply to
3-25 a radio or television reception antenna, a satellite or microwave
3-26 parabolic antenna not used by a wireless communication service
3-27 provider, a receive-only antenna, an antenna owned and operated by
4-1 a federally licensed amateur radio station operator, a cable
4-2 television company facility if the company holds a valid and
4-3 current franchise, a radio or television broadcasting facility, a
4-4 co-location antenna, or any other tower or antenna lawfully in
4-5 existence on the effective date of the law enacting this
4-6 subchapter.
4-7 SECTION 2. This Act takes effect immediately if it receives
4-8 a vote of two-thirds of all the members elected to each house, as
4-9 provided by Section 39, Article III, Texas Constitution. If this
4-10 Act does not receive the vote necessary for immediate effect, this
4-11 Act takes effect September 1, 2001.