[TowerTalk] New Proposed Texas Tower Regulation

[Gene Smar]

TT:

     First of all, I am not a lawyer, so Caveat Amateur.  I found a definition of "curtilage" at http://thelawdictionary.org/curtilage/ .  To my reading, it seems that the proposed Texas statute specifically exempts towers that are within the curtilage of a residence, including pasture or grazing lands.  Again, to my reading, most Ham towers with which I am familiar would not fall under the regulations of the statute.


73 de
Gene Smar  AD3F



-----Original Message-----
From: TowerTalk [mailto:towertalk-bounces at contesting.com] On Behalf Of L L bahr 
Sent: Saturday, February 07, 2015 12:56 PM
To: towertalk at contesting.com
Subject: [TowerTalk] New Proposed Texas Tower Regulation

 FYI
Lee, w0vt


http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=84R&Bill=HB946

 

Please read and pass this to all Amateur Radio Operators who have towers. This “COULD” be detrimental to all of us. There are things I am not certain of that I would like answers to or to clarify so that we could write to our legislature to either kill this bill or more narrowly define it so that it is not “ALL INCLUSIVE” in nature. It is my understanding that the Crop Duster Association is behind this because some pilot either through stupidity or an accident killed himself by flying into an obstruction. (I have many times pulled off the road and watched these guys. Several times I have witnessed them doing stupid reckless maneuvers) While I am an advocate for safety and common sense, I do not think everyone should “PAY” for the actions of a very small few. If a bill like this must exist, it should define a specific distance around the “WORK/FLY ZONE” and not every tower in the state. We should write our representatives to kill or modify this bill.

 

SECTION 1.  Subchapter B, Chapter 21, Transportation Code

 

Section 21.071 (a) 1, 2, 3 clearly define “MOST” Amateur Radio towers.

 

Section 21.071 (b) 1, 2 “APPEAR” to exempt many Amateur Radio Towers BUT does it? What is  the State’s legal definition of “curtilage”?

 

Section 21.071 (e) 2, “APPEARS” to exempt Amateur Radio Operators as “a facility licensed by the Federal Communications Commission or any structure with the primary purpose of supporting telecommunications equipment” but then goes on to specifically define commercial radio service. The “and” seems to separate the two?

 

Section 21.071 (f) 1, 2 “REQUIRES” notice and registration. You know FEES and PERMITS will soon follow.

 

Section 21.071 (a), (b) appears to make it retroactive after September 1, 2016.

 

 

Are there any lawyers among us who could speak to this and guide us in writing a proper request to our representatives regarding this?

 

 

What are your thoughts?

 

 

 

Regards,

 

Larry Lowry

Radio System Manager

(936) 538-3770 Shop

(936) 538-3711 Direct

(936) 538-3775 Fax

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