| 1 | 1 | | By: Goodwin H.B. No. 4038 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the authority of a political subdivision to regulate |
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| 9 | 9 | | the installation of a communication facility structure near the |
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| 10 | 10 | | habitat of endangered species. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 240.083(a), Local Government Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a) Subject to the restrictions in Section 240.084, the |
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| 15 | 15 | | commissioners court of a county [subject to this subchapter] may by |
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| 16 | 16 | | order regulate the location of communication facility structures in |
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| 17 | 17 | | the unincorporated areas of the county. |
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| 18 | 18 | | SECTION 2. Section 240.084, Local Government Code, is |
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| 19 | 19 | | amended to read as follows: |
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| 20 | 20 | | Sec. 240.084. LOCATION OF COMMUNICATION FACILITY |
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| 21 | 21 | | STRUCTURE. The commissioners court of a county [that is subject to |
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| 22 | 22 | | this subchapter] may by order prohibit the construction of a |
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| 23 | 23 | | communication facility structure within 300 feet, or the height of |
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| 24 | 24 | | the structure, whichever is greater, of a residential subdivision. |
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| 25 | 25 | | SECTION 3. Section 240.085, Local Government Code, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | Sec. 240.085. FILING REQUIREMENTS REGARDING CONSTRUCTION. |
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| 28 | 28 | | A person proposing to construct a communication facility structure |
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| 29 | 29 | | in the unincorporated area of a county [subject to this subchapter] |
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| 30 | 30 | | shall file with the county official designated by the commissioners |
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| 31 | 31 | | court: |
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| 32 | 32 | | (1) a statement informing the county that the |
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| 33 | 33 | | construction is proposed and providing the date on or after which |
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| 34 | 34 | | the construction is proposed to begin; |
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| 35 | 35 | | (2) copies of any necessary permits from the Federal |
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| 36 | 36 | | Communications Commission or Federal Aviation Administration; |
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| 37 | 37 | | (3) a plat or map of the specific proposed location of |
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| 38 | 38 | | the communication facility structure; and |
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| 39 | 39 | | (4) the correct phone number and address of the entity |
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| 40 | 40 | | primarily responsible for the construction. |
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| 41 | 41 | | SECTION 4. Section 240.086(a), Local Government Code, is |
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| 42 | 42 | | amended to read as follows: |
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| 43 | 43 | | (a) A person who desires to construct or increase the height |
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| 44 | 44 | | of a communication facility structure in violation of an order |
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| 45 | 45 | | adopted by a county [subject to this subchapter] may apply to the |
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| 46 | 46 | | commissioners court of the county for a variance from the |
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| 47 | 47 | | regulation. |
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| 48 | 48 | | SECTION 5. Chapter 250, Local Government Code, is amended |
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| 49 | 49 | | by adding Section 250.014 to read as follows: |
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| 50 | 50 | | Sec. 250.014. AUTHORITY TO REGULATE LOCATION OF |
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| 51 | 51 | | COMMUNICATION FACILITY STRUCTURE. (a) In this section, |
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| 52 | 52 | | "communication facility structure" has the meaning assigned by |
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| 53 | 53 | | Section 240.081. |
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| 54 | 54 | | (b) Subject to Subchapter E, Chapter 240, of this code, and |
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| 55 | 55 | | notwithstanding Section 83.014, Parks and Wildlife Code, a |
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| 56 | 56 | | political subdivision may not allow for the installation of a |
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| 57 | 57 | | communication facility structure near the habitat of an endangered |
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| 58 | 58 | | species, as determined by Section 68.002, Parks and Wildlife Code, |
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| 59 | 59 | | unless the structure will be located a distance equal to at least |
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| 60 | 60 | | twice the height of the structure from the endangered species |
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| 61 | 61 | | habitat. |
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| 62 | 62 | | (c) The measurement of distance for purposes of this section |
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| 63 | 63 | | shall be taken from the point on the communication facility |
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| 64 | 64 | | structure that is nearest to the endangered species habitat toward |
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| 65 | 65 | | the point on the endangered species habitat that is nearest the |
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| 66 | 66 | | communication facility structure. |
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| 67 | 67 | | SECTION 6. Section 240.082(a), Local Government Code, is |
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| 68 | 68 | | repealed. |
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| 69 | 69 | | SECTION 7. Section 250.014, Local Government Code, as added |
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| 70 | 70 | | by this Act, applies only to an application for a permit for the |
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| 71 | 71 | | installation of a communication facility structure submitted to a |
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| 72 | 72 | | political subdivision on or after the effective date of this Act. |
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| 73 | 73 | | SECTION 8. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2025. |
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