HBA-MSH H.B. 1492 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1492 By: Hardcastle Transportation 4/19/2001 Introduced 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. House Bill 1492 establishes the LeClair-Jennings Act to require the Texas Department of Transportation to adopt rules for marking antenna structures that are less than 200 feet in height. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Transportation in SECTION 2 (Section 21.069, Transportation Code) of this bill. ANALYSIS House Bill 1492 amends the Transportation Code to require the Texas Department of Transportation to adopt rules to establish painting, marking, lighting, and other visibility requirements for antenna structures that are at least 50 feet but not more than 200 feet in height above ground level. EFFECTIVE DATE September 1, 2001.