Sec. 250.002. REGULATION OF AMATEUR RADIO ANTENNAS. (a) A municipality or county may not enact or enforce an ordinance or order that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97.
(b) If a municipality or county adopts an ordinance or order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance or order must:
(1) reasonably accommodate amateur communications; and
(2) represent the minimal practicable regulation to accomplish the municipality's or county's legitimate purpose.
(c) This section does not prohibit a municipality or county from taking any action to protect or preserve a historic, historical, or architectural district that is established by the municipality or county or under state or federal law.
Added by Acts 1999, 76th Leg., ch. 68, Sec. 1, eff. May 10, 1999.
Structure Texas Statutes
Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities
Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government
Chapter 250 - Miscellaneous Regulatory Authority
Section 250.001. Restriction on Regulation of Sport Shooting Ranges
Section 250.002. Regulation of Amateur Radio Antennas
Section 250.003. Personal Liability of Nonowners
Section 250.004. Agent for Service; Notice of Citation
Section 250.005. Other Remedies Unaffected
Section 250.006. Graffiti Removal
Section 250.007. Regulation of Rental or Leasing of Housing Accommodations
Section 250.008. Linkage Fees Prohibited
Section 250.009. Certain Sales of Beverages by Children
Section 250.010. Battery-Charged Fences
Section 250.011. Residential Immigrant or Refugee Child Detention Facilities
Section 250.011. Third-Party Food Delivery Services
Section 250.011. Residential Fire Protection Sprinkler Systems