Sec. 240.082. APPLICABILITY. (a) This subchapter applies only to real property that is located in the unincorporated area of a county with a population of 2.1 million or more.
(b) This subchapter does not apply to:
(1) existing communication facilities or other structures used for the purpose of colocation, provided the height is not increased by more than 10 feet;
(2) a communication facility structure built to replace an existing communication facility structure if:
(A) the replacement communication facility structure is constructed within 50 feet of the existing communication facility structure;
(B) the replacement communication facility structure is no higher than and constructed for the same purpose as the existing communication facility structure; and
(C) the existing communication facility structure is removed not later than the 14th day after the date the replacement communication facility begins operations; or
(3) a communications antenna, antenna facility, or antenna tower or support structure located in a residential area that is used by an amateur radio operator exclusively for amateur radio communications or public safety services.
Added by Acts 2005, 79th Leg., Ch. 945 (H.B. 843), Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 84, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 150, eff. September 1, 2023.