By Hardcastle, Keffer, Ritter, Deshotel,
   Cook
H.B. No. 1492

Substitute the following for H.B. No. 1492:

By Alexander
C.S.H.B. No. 1492

A BILL TO BE ENTITLED
AN ACT
relating to notice and marking requirements for certain antenna structures.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. This Act may be called the LeClair‑Jennings Act.
	SECTION 2. Title 3, Transportation Code, is amended by adding Chapter 27 to read as follows:
CHAPTER 27.  NOTICE AND MARKING REQUIREMENTS FOR CERTAIN
ANTENNA STRUCTURES
	Sec. 27.001.  DEFINITION. In this chapter "antenna structure" means the supporting structure for an antenna or antennas.  The term does not include a structure used primarily to provide electric service.
	Sec. 27.002.  NOTICE REQUIREMENT. (a)  A person who provides commercial wireless telecommunications services may not construct an antenna structure that is at least 50 feet but not more than 200 feet in height above ground level unless the person provides written notice of the proposed construction to:
		(1)  a public airport located within three miles of the proposed antenna structure; and
		(2)  the Texas Department of Agriculture, who shall notify the boll weevil eradication foundation.
	(b)  The person constructing the antenna structure shall include in the notice required by Subsection (a):
		(1)  the name, address, and telephone number of the person;
		(2)  the county in which the structure will be located;
		(3)  the location, by metes and bounds, at which the structure will be located; and
		(4)  the date that the construction of the structure is scheduled to begin.
	Sec. 27.003.  MARKING REQUIREMENT. A person who provides commercial wireless telecommunications services and who constructs an antenna structure that is at least 50 feet but not more than 200 feet in height above ground level shall mark the highest guy wires on the structure.  The person shall use markings under this subsection that are of a kind generally used on antenna structures.
	Sec. 27.004.  APPLICABILITY. This chapter does not apply to an antenna structure that is used to provide commercial wireless telecommunications services that is not located within a "cultivated field".  "Cultivated field" for purposes of this chapter shall mean any open space or pasture larger than five acres in which a plant or tree nursery or row crops including cotton, corn, grain, grapes, beets, peanuts, or other row crop are grown on a continuing basis.  Absence of plants or seedlings or a crop on a temporary basis due to crop rotation purposes shall not remove such open area from inclusion in this chapter.
	SECTION 3. This Act takes effect September 1, 2001.