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


Office of House Bill AnalysisH.B. 1345
By: Gray
Land & Resource Management
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, municipalities and counties may regulate the antennas of amateur
radio operators, but no guidelines for such regulations exist.  H.B. 1345
requires any ordinance or order to comply with the Code of Federal
Regulations as it relates to amateur radio services, and a specific ruling
of the Federal Communication Commission relating to amateur radio
preemption.  The bill provides that an ordinance or an order by a
municipality or county relating to the regulation of an amateur radio
antenna must reasonably accommodate the amateur communications and must
represent the minimal practicable regulation to accomplish the
municipality's or county's legitimate purpose. 

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 an order
that does not comply with the ruling of the Federal Communications
Commission in 101 FCC 2nd 952 (1985) (providing that there is strong
federal interest in promoting amateur communications and that state and
local regulations that preclude amateur communications are in direct
conflict with federal objectives and must be preempted) or a regulation
related to amateur radio service adopted under 47 C.F.R. Part 97 (Amateur
Radio Service). 

(b) Provides that an ordinance or order must reasonably accommodate amateur
communications and represent the minimal practicable regulation to
accomplish a municipality's or a county's legitimate purpose if the
municipality or the county adopts an ordinance or order involving the
placement, screening, or height of an amateur radio antenna based on
health, safety, or aesthetic conditions. 

SECTION 2.Emergency clause.
  Effective date: upon passage.