[HCARC] The Tower Marking Bill

[Gary J - N5BAA]

     By: Workman H.B. No. 946 
        
        
         A BILL TO BE ENTITLED 
         AN ACT 
         relating to painting and marking requirements for certain towers;  
         creating an offense. 
                BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 
                SECTION 1.  Subchapter B, Chapter 21, Transportation Code,  
         is amended by adding Section 21.071 to read as follows: 
                Sec. 21.071.  PAINTING AND MARKING REQUIREMENTS FOR CERTAIN  
         TOWERS; OFFENSE. (a) In this section, "tower" means a structure  
         that: 
                      (1)  is self-standing or supported by guy wires and  
         anchors; 
                      (2)  is not more than six feet in diameter at the base  
         of the structure; and 
                      (3)  has accessory facilities on which an antenna,  
         sensor, camera, meteorological instrument, or other equipment is  
         mounted. 
                (b)  For purposes of this section, "tower" does not include a  
         structure that is located: 
                      (1)  adjacent to a building, including a barn, or an  
         electric utility substation; or 
                      (2)  in the curtilage of a residence. 
                (c)  A tower that is at least 50 feet but not more than 200  
         feet in height above ground level: 
                      (1)  must be painted in equal alternating bands of  
         aviation orange and white, beginning with orange at the top of the  
         tower; 
                      (2)  must have aviation orange marker balls installed  
         and displayed in accordance with the standards contained in 76 Fed.  
         Reg. 36983 (June 24, 2011) and Federal Aviation Administration  
         Advisory Circular AC 70/7460-1K; and 
                      (3)  may not be supported by guy wires unless the guy  
         wires have a seven-foot-long safety sleeve at each anchor point  
         that extends from the anchor point along each guy wire attached to  
         the anchor point. 
                (d)  A person who owns, operates, or erects a tower in  
         violation of this section commits an offense. An offense under this  
         subsection is a Class C misdemeanor, except that the offense is a  
         Class B misdemeanor if it is shown on the trial of the offense that  
         as a result of the commission of the offense a collision with the  
         tower occurred causing bodily injury or death to another person. 
                (e)  This section does not apply to: 
                      (1)  a tower that supports an electric utility  
         transmission or distribution line; 
                      (2)  a facility licensed by the Federal Communications  
         Commission or any structure with the primary purpose of supporting  
         telecommunications equipment, including microwave relay facilities  
         and towers erected for the purpose of providing commercial mobile  
         data service or commercial mobile radio service as defined by 47  
         C.F.R. Section 20.3, other than a tower erected for the primary  
         purpose of providing private mobile radio service as defined by 47  
         C.F.R. Section 20.3; 
                      (3)  a wind-powered electrical generator with a rotor  
         blade radius greater than six feet; or 
                      (4)  a traffic-control signal erected or maintained by  
         the department. 
                (f)  The department shall adopt rules to implement and  
         administer this section, including rules requiring a person: 
                      (1)  who owns, operates, or erects a tower to provide  
         notice to the department of the existence of or intent to erect a  
         tower; and  
                      (2)  to register the tower with the department. 
                SECTION 2.  The Texas Department of Transportation shall  
         adopt rules required to implement and administer Section 21.071,  
         Transportation Code, as added by this Act, not later than December  
         31, 2015. 
                SECTION 3.  (a) Except as provided by this section, Section  
         21.071, Transportation Code, as added by this Act, applies to a  
         tower erected before, on, or after the effective date of this Act. 
                (b)  A tower erected before the effective date of this Act is  
         not required to comply with the painting and marking requirements  
         of Section 21.071, Transportation Code, as added by this Act, until  
         September 1, 2016. 
                SECTION 4.  This Act takes effect September 1, 2015.

      Gary J
      N5BAA