[TowerTalk] New Proposed Texas Tower Regulation

[Jim Kennedy]

We went through this drill in Idaho in 2013,  and yes, it was prompted by 
the crop dusters. Contact one of your state representatives  and have them 
introduce into the bill language that excludes amateur radio toewrs as we 
did. 
http://www.arrl.org/news/guyed-tower-legislation-in-idaho-to-exclude-amateur-radio-towers 
http://legislature.idaho.gov/legislation/2013/S1065.pdf

Jim
W7OUU
President Magic Valley Amateur Radio Club K7MVA

-----Original Message----- 
From: L L bahr
Sent: Saturday, February 07, 2015 17:55
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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