H.B. No. 843
AN ACT
relating to the authority of certain counties to regulate
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;
(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 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; or
(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:
(1) existing communication facilities or other
structures used for the purpose of colocation, provided the height
is not increased by more than 10 feet;
(2) a communication facility structure built to
replace an existing communication facility structure if:
(A) the replacement communication facility
structure is constructed within 50 feet of the existing
communication facility structure;
(B) the replacement communication facility
structure is no higher than 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 begins operations; or
(3) a communications antenna, antenna facility, or
antenna tower or support structure located in a residential area
that is used by an amateur radio operator exclusively for amateur
radio communications or public safety services.
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 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 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; and
(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 the commissioners court finds 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) Before granting a request for a variance 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 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 843 was passed by the House on May 11,
2005, by the following vote: Yeas 143, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 843 on May 26, 2005, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 843 on May 29, 2005, by the following vote: Yeas 145,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 843 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
843 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor