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80C320(3) MXM

____. CONFORMING AMENDMENT. Title 3, Transportation Code, is amended by adding

Chapter 25 to read as follows:

CHAPTER 25.

NOTICE OF CONSTRUCTION OF WIRELESS COMMUNICATION FACILITY

Revised Law

DEFINITION.

In this chapter, "wireless communication facility" means an equipment enclosure, antenna, antenna support structure, and any associated facility used for receiving or sending a radio frequency, microwave, or other signal for a commercial communications purpose.

(Bus. & Com. Code,

Sec. 35.111.)

Source Law

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.

Revised Law

NOTICE OF CONSTRUCTION.

A person proposing to construct a wireless communication facility that is taller than 100 feet shall, not later than the 30th day before the date the construction begins, mail a letter to:

any airport located within three miles of the proposed facility location; and

the Texas Agricultural Aviation Association.

The letter must state:

the legal description of the proposed site of construction, including a graphic depiction showing:

the location, height, longitude, latitude, pad size, roadway access, and proposed use of the wireless communication facility; and

the location of any guy wires;

at a minimum, the name, phone number, electronic mail address, if any, and mailing address of the person proposing construction of the wireless communication facility; and

a phone number that is operational 24 hours a day, seven days a week, for emergency purposes.

(Bus. & Com. Code,

Sec. 35.112.)

Source Law

NOTICE OF CONSTRUCTION.

A person proposing to construct a wireless communication facility that is taller than 100 feet shall, on or before the 30th day before the date the construction begins, mail a letter to each of the following:

any airport located within three miles of the proposed facility location; and

the Texas Agricultural Aviation Association.

The letter must state:

the legal description of the proposed site of construction, including a graphic depiction showing the location, height, longitude, latitude, pad size, roadway access, and proposed use of the wireless communication facility and location of any guy wires;

at a minimum, the name, phone number, electronic mail address, if any, and mailing address of the person proposing construction of the wireless communication facility; and

a phone number that is operational 24 hours a day, seven days a week, for emergency purposes.

Revised Law

INAPPLICABILITY OF CHAPTER.

This

chapter does not apply to:

a structure the main purpose of which is to provide electric service;

a wireless communication facility:

used by an entity only for internal communications;

constructed by a municipality;

used for emergency communications; or

installed for colocation purposes;

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;

a radio or television broadcasting facility; or

a colocation antenna.

(Bus. & Com. Code,

Sec. 35.113.)

Source Law

EXCEPTIONS.

This subchapter does not apply to any structure whose main purpose is to provide electric service, a wireless communication facility used by an entity only for internal communications, 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, a radio or television broadcasting facility, a colocation antenna, or a wireless communication facility installed for colocation purposes.

Revised Law

EFFECT ON LOCAL ORDINANCES.

This

chapter does not preempt a local ordinance regulating a wireless communication facility.

(Bus. & Com. Code,

Sec. 35.114.)

Source Law

EFFECT ON CERTAIN ORDINANCES.

This subchapter does not preempt a local ordinance regulating a wireless communication facility.

80C320(3) MXM

80C320(3) MXM

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