By Cook
H.B. No. 1148

A BILL TO BE ENTITLED
AN ACT
relating to notice of proposed construction sent to the county commissioners court and others regarding, and the marking, location, and removal of, certain wireless communication facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 35, Business & Commerce Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. WIRELESS COMMUNICATION FACILITY
	Sec. 35.111.  DEFINITION. In this subchapter, "wireless communication facility" means an equipment enclosure, antenna, antenna support structure, and any associated facility used for the reception or transmittal of a radio frequency, microwave, or other signal for a commercial communications purpose.
	Sec. 35.112.  FILING REQUIREMENTS REGARDING CONSTRUCTION. (a)  A person wishing to construct a wireless communication facility shall, before the 30th day before the date construction begins, file with the county clerk or the county official designated by the commissioners court of the county in which the person wishes to construct a wireless communication facility:
		(1)  a statement that construction is proposed and that provides the date on or after which the construction will begin;
		(2)  the correct phone number and address of each entity involved in the construction;
		(3)  the legal description of the proposed site of construction, including a graphic depiction showing the location, height, longitude, latitude, pad size, location of any guy wires, roadway access, and proposed use of the wireless communication facility; and
		(4)  a phone number that is operational 24 hours a day, seven days a week for emergency purposes.
	(b)  A person wishing to construct a wireless communication facility shall assign each proposed wireless communication facility a unique identification and shall provide the county clerk or official with that unique identification.
	Sec. 35.113.  NOTICE OF CONSTRUCTION. (a)  A person proposing to construct a wireless communication facility that is taller than 100 feet shall, before the 30th day before the date the construction begins, mail a letter to:
		(1)  each of the following:
			(A)  a public airport located within three miles of the proposed facility location; and
			(B)  the Texas Department of Agriculture, who shall notify the boll weevil eradication foundation; and
		(2)  one of the following:
			(A)  each owner of land within two miles of the proposed facility location if the proposed location is not within a metropolitan statistical area; or
			(B)  a newspaper of general circulation in the county of construction.
	(b)  The letter must state:
		(1)  the legal description of the proposed site of construction, including a graphic depiction showing the location, height, longitude, latitude, pad size, location of any guy wires, roadway access, and proposed use of the wireless communication facility;
		(2)  at a minimum, the name, phone number, and mailing address of the person proposing construction of the wireless communication facility;
		(3)  the unique identification of the wireless communication facility; and
		(4)  a phone number that is operational 24 hours a day, seven days a week for emergency purposes.
	Sec. 35.114.  TRANSFER OF OWNERSHIP. If a transfer of ownership of a wireless communication facility occurs, the lessee of the real property used for the wireless communication facility shall give written notice to the county clerk or official of the county of construction and the lessor of the real property.
	Sec. 35.115.  REMOVAL. A contract entered into by a property owner that conveys to a person a property interest for the purpose of allowing the person to construct a wireless communication facility must contain a provision relating to the removal of the facility and any appurtenances to the facility that prescribes the circumstances under which removal shall be accomplished.
	Sec. 35.116.  EXCEPTIONS. This subchapter does not apply to any structure whose main purpose is to provide electric service, a wireless communication facility constructed by a municipality, a wireless communication facility used for emergency communications, a radio or television reception antenna, a satellite or microwave parabolic antenna not used by a wireless communication service provider, a receive‑only antenna, an antenna owned and operated by a federally licensed amateur radio station operator, a cable television company facility if the company holds a valid and current franchise,  a radio or television broadcasting facility, a co‑location antenna, or a wireless communication facility installed for co‑location purposes.
	Sec. 35.117.  EFFECT ON CERTAIN ORDINANCES. This subchapter does not preempt a local ordinance regulating a wireless communication facility.
	SECTION 2.  Subchapter B, Chapter 21, Transportation Code, is amended by adding Section 21.069 to read as follows:
	Sec. 21.069.  MARKING OF WIRELESS COMMUNICATION FACILITY. (a)  In this section:
		(1)  "Cultivated field" means any open space or pasture larger than five acres in which a plant or tree nursery is located or a row crop, including cotton, corn, grain, grapes, beets, peanuts, or another row crop, is grown on a continuing basis. 
		(2)  "Wireless communication facility" has the meaning assigned by Section 35.111, Business & Commerce Code.
	(b)  Absence of plants, seedlings, or a crop on a temporary basis due to crop rotation or other farm management techniques does not remove an open area from the definition of "cultivated field."
	(c)  This section applies only to an antenna structure that is used to provide commercial wireless communications services and that is located in a cultivated field.
	(d)  A person who provides commercial wireless communications services and constructs a wireless communication facility that is at least 100 feet but not more than 200 feet in height above ground level shall mark the highest guy wires on the facility, if any.  The markings required under this section must be of a kind generally used for marking antennae structures.
	SECTION 3.  (a)  The changes in law made by this Act apply only to a wireless communication facility constructed on or after the effective date of this Act.
	(b)  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, 2001.