Every County Can Ban Towers Within 300 Feet Of Subdivisions

The text as introduced · 596 words

By: Goodwin
H.B. No. 4038

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a political subdivision to regulate

the installation of a communication facility structure near the

habitat of endangered species.

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

SECTION 1. Section 240.083(a), Local Government Code, is

amended to read as follows:

(a) Subject to the restrictions in Section 240.084, the

commissioners court of a county [ subject to this subchapter ] may by

order regulate the location of communication facility structures in

the unincorporated areas of the county.

SECTION 2. Section 240.084, Local Government Code, is

amended to read as follows:

Sec. 240.084. LOCATION OF COMMUNICATION FACILITY

STRUCTURE. The commissioners court of a county [ that is subject to

this subchapter ] may by order prohibit the construction of a

communication facility structure within 300 feet, or the height of

the structure, whichever is greater, of a residential subdivision.

SECTION 3. Section 240.085, Local Government Code, is

amended to read as follows:

Sec. 240.085. FILING REQUIREMENTS REGARDING CONSTRUCTION.

A person proposing to construct a communication facility structure

in the unincorporated area of a county [ subject to this subchapter ]

shall file with the county official designated by the commissioners

court:

(1) a statement informing the county that the

construction is proposed and providing the date on or after which

the construction is proposed to begin;

(2) copies of any necessary permits from the Federal

Communications Commission or Federal Aviation Administration;

(3) a plat or map of the specific proposed location of

the communication facility structure; and

(4) the correct phone number and address of the entity

primarily responsible for the construction.

SECTION 4. Section 240.086(a), Local Government Code, is

amended to read as follows:

(a) A person who desires to construct or increase the height

of a communication facility structure in violation of an order

adopted by a county [ subject to this subchapter ] may apply to the

commissioners court of the county for a variance from the

regulation.

SECTION 5. Chapter 250, Local Government Code, is amended

by adding Section 250.014 to read as follows:

Sec. 250.014. AUTHORITY TO REGULATE LOCATION OF

COMMUNICATION FACILITY STRUCTURE. (a) In this section,

"communication facility structure" has the meaning assigned by

Section 240.081.

(b) Subject to Subchapter E, Chapter 240, of this code, and

notwithstanding Section 83.014, Parks and Wildlife Code, a

political subdivision may not allow for the installation of a

communication facility structure near the habitat of an endangered

species, as determined by Section 68.002, Parks and Wildlife Code,

unless the structure will be located a distance equal to at least

twice the height of the structure from the endangered species

habitat.

(c) The measurement of distance for purposes of this section

shall be taken from the point on the communication facility

structure that is nearest to the endangered species habitat toward

the point on the endangered species habitat that is nearest the

communication facility structure.

SECTION 6. Section 240.082(a), Local Government Code, is

repealed.

SECTION 7. Section 250.014, Local Government Code, as added

by this Act, applies only to an application for a permit for the

installation of a communication facility structure submitted to a

political subdivision on or after the effective date of this Act.

SECTION 8. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.