state of Texas H.B. No. 1148
It has been noted that we hams here in the state of Texas have a
problem started by State Rep. Robby Cook of district 28. He has introduced
a bill wanting to impose hard tower and antenna restrictions on all users
of wireless comunications in the state(Republic) of Texas. Under this bill
you will not even be able to change the direction of your non rotor controlled
antenna's with out a application for modification to your wireless site.
Failure to do file an application is a Class C misdemeanor.
Below is a copy of the state of Texas House Bill 1148 by Robby Cook. I have contacted the ARRL in regards to this and have sent the link for this page. We must work together for the good of all.
By Cook
H.B. No. 1148
77R4250 JMG-D
A BILL TO BE ENTITLED
1-1
AN ACT
1-2 relating to the authority of counties
to regulate wireless
1-3 communication facilities; providing a
penalty.
1-4 BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION
1. Chapter 240, Local Government Code, is amended by
1-6 adding Subchapter E to read as follows:
1-7
SUBCHAPTER E. WIRELESS COMMUNICATION FACILITIES
1-8
Sec. 240.081. DEFINITION. In this subchapter, "wireless
1-9 communication facilities" means:
1-10
(1) antenna support structures for mobile and
1-11 land-based telecommunication facilities,
whip antennas, panel
1-12 antennas, microwave dishes, or receive-only
satellite dishes;
1-13
(2) cell enhancers and related equipment for wireless
1-14 transmission from a sender to one or
more receivers for mobile
1-15 telephones, mobile radio systems facilities,
commercial radio
1-16 service, or other services or receivers;
1-17
(3) a monopole tower, a steel lattice tower, or any
1-18 other communication tower; or
1-19
(4) any type of communication equipment shelter.
1-20 Sec.
240.082. AUTHORITY OF COUNTY TO REGULATE. (a) The
1-21 commissioners court of a county may
by order regulate wireless
1-22 communication facilities, including
collocated or shared
1-23 facilities.
1-24 (b)
The regulations may include a requirement for a permit
2-1 for the construction, expansion,
or removal of a tower or other
2-2 facility and may impose fees on
regulated persons to recover the
2-3 cost of administering the regulations.
2-4
(c) The regulations may include the regulation of the:
2-5
(1) height of towers and other facilities;
2-6
(2) lighting of towers and other facilities;
2-7
(3) location of towers and other facilities; and
2-8
(4) removal of towers and other facilities.
2-9
Sec. 240.083. FILING REQUIREMENTS REGARDING CONSTRUCTION.
2-10 (a) A person wishing to construct
a wireless communication
2-11 facility shall, before the 180th day
before the date construction
2-12 begins, file with the county official
designated by the
2-13 commissioners court:
2-14
(1) a statement informing the county that the
2-15 construction is proposed and providing
the date on or after which
2-16 the construction will begin;
2-17
(2) copies of any necessary permits from the Federal
2-18 Communications Commission;
2-19
(3) any necessary engineered drawings that have been
2-20 approved by the Federal Aviation Administration;
2-21
(4) the correct phone number and address of each
2-22 entity involved in the construction;
and
2-23
(5) maps of existing wireless communication services
2-24 and facilities in the area and the
links that will be created.
2-25 (b)
A person wishing to construct a wireless communication
2-26 facility shall, before the 120th day
before construction begins,
2-27 publish a notice of a public hearing
the person shall hold about
3-1 the wireless communication facility.
The notice must be published
3-2 in a local newspaper of general
circulation in the county stating:
3-3
(1) the date, time, and place of the public hearing;
3-4
(2) the site, height, and proposed use of the wireless
3-5 communication facility; and
3-6
(3) the name and phone number of a person whom
3-7 interested persons may contact
to receive information about the
3-8 construction.
3-9
(c) The public hearing must take place after the 20th day
3-10 following the date of publication but
before the 30th day following
3-11 the publication date.
3-12 (d)
The person wishing to construct the wireless
3-13 communication facility shall, before
the 60th day before the date
3-14 the construction begins, mail a letter
to each resident and each
3-15 owner of land within one mile of the
location of the wireless
3-16 communication facility stating:
3-17
(1) the site, height, and proposed use of the wireless
3-18 communication facility; and
3-19
(2) the name and phone number of a person whom
3-20 interested persons may contact to receive
information about the
3-21 construction.
3-22 Sec.
240.084. OFFENSE. (a) A person commits an offense if
3-23 the person violates an order adopted
under this subchapter and the
3-24 order defines the violation as an offense.
3-25 (b)
An offense under this section is prosecuted in the same
3-26 manner as an offense defined under
state law.
3-27 (c)
An offense under this section is a Class C misdemeanor.
4-1
Sec. 240.085. INJUNCTION. The county attorney or an attorney
4-2 representing the county may file
an action in a district court to
4-3 enjoin a violation or threatened
violation of an order adopted
4-4 under this subchapter. The
court may grant appropriate relief.
4-5
SECTION 2. This Act takes effect immediately if it receives
4-6 a vote of two-thirds of all the members
elected to each house, as
4-7 provided by Section 39, Article III,
Texas Constitution. If this
4-8 Act does not receive the vote necessary
for immediate effect, this
4-9 Act takes effect September 1, 2001.