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Texas House Bill 1345

Regulatory Information Branch Page

Texas H.B. No. 1345

 

A BILL TO BE ENTITLED AN ACT

Relating to municipal or county regulations on the placing, screening, or height of amateur radio antennas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 250, Local Government Code, is amended by adding section 250.002 to read as follows:

Sec. 250.002. REGULATION OF AMATEUR RADIO ANTENNAS. (a) A municipality or county may not enact or enforce 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) 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, the ordinance or order must: 1, reasonably accommodate amateur communications; and 2. represent the minimal practicable regulation to accomplish the municipality's or county's legitimate purpose. (c) This section does not prohibit an architectural or historical district established under the law from taking any action that the district may take under law.

SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

 

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