HBA-EVB H.B. 1345 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1345
By: Gallego
Land & Resource Management
5/19/1999
Enrolled



BACKGROUND AND PURPOSE 

H.B. 1345 provides guidelines for a municipality or county to follow if a
municipality or a county adopts an ordinance to regulate amateur radio
antennas and prohibits such a municipality or county from enacting or
enforcing an ordinance or order that does not comply with the Code of
Federal Regulations and a certain ruling made by the Federal Communications
Commission. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 250, Local Government Code, by adding Section
250.002, as follows: 

Sec. 250.002.  REGULATION OF AMATEUR RADIO ANTENNAS.  (a)  Prohibits a
municipality or county from enacting or enforcing an ordinance or order
that does not comply with the ruling of the Federal Communications
Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a
regulation related to amateur radio service adopted under 47 C.F.R Part 97. 

(b) Provides that the ordinance or order must reasonably accommodate
amateur communications and represent the minimal practicable regulation to
accomplish the municipality's or county's legitimate purpose, if a
municipality or county adopts an ordinance or order involving the
placement, screening, or height of an amateur radio antenna based on
health, safety, or aesthetic conditions. 
 
(c)  Provides that this section does not prohibit a municipality or county
from taking any action to protect or preserve a historic, historical, or
architectural district that is established by the municipality or county or
under state or federal law. 

SECTION 2.  Emergency clause
 Effective date: upon passage.