HBA-MSH C.S.H.B. 1492 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1492
By: Hardcastle
Transportation
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current federal law requires antenna structures that exceed 200 feet in
height to be painted and lighted. There is no such requirement for antennae
less than 200 feet in height.  Many cellular and digital communications
antennae are less that 200 feet in height and have guylines that extend
beyond the main structures.  These structures pose a risk to agricultural
aviators who often fly below 200 feet to spray fields. Several
agricultural aviators have died in crashes caused by striking an antenna
structure or a guyline. C.S.H.B. 1492 establishes the LeClair-Jennings Act
to prohibit a person from constructing certain antennae structures from 50
to 200 feet in height located within a cultivated field without providing
appropriate notification and applying the necessary markings. 

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. 

ANALYSIS

C.S.H.B. 1492 amends the Transportation Code to prohibit a person who
provides commercial wireless telecommunications services (provider) from
constructing an antenna structure that is at least 50 feet but not more
than 200 feet in height above ground level and located within a cultivated
field unless the person provides written notice of the proposed
construction to a public airport located within three miles of the proposed
antenna and the Texas Department of Agriculture (department).  The bill
requires the department to notify the boll weevil eradication foundation.
The bill requires providers who construct an antenna to mark the highest
guywires on the structure using markings that are of a kind generally used
on antenna structures. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1492 modifies the original bill to prohibit the construction of
certain antenna structures from 50 feet to 200 feet in height without
providing the appropriate notification and applying the necessary markings,
whereas the original bill required the Texas Department of Transportation
to adopt rules relating to the visibility requirements for antennae
structures from 50 feet to 200 feet in height .