Sec. 246.003.  REQUEST PROCESS.  (a)  A regulating authority that receives a written request by a telecommunications utility to expand a critical facility on real property owned, leased, or occupied by the telecommunications utility in an area governed by impervious lot coverage regulation or sedimentation, retention, or erosion regulation shall approve or deny the request not later than the 60th day after the date the request is received.
(b)  The regulating authority shall approve the request unless the regulating authority finds, after a hearing, that:
(1)  additional, suitable vacant land contiguous with the proposed building site that is sufficient to satisfy the impervious lot coverage regulation or sedimentation, retention, or erosion regulation is not available, except:
(A)  through the use of condemnation;  or
(B)  at a price that exceeds the average fair market value of vacant land within a one-mile radius of the property that is the subject of the request under Subsection (a);  or
(2)  the telecommunications utility did not provide an affidavit containing the statement described in Subdivision (1).
(c)  The regulating authority shall provide written notice of a denial.  The notice must specify the findings on which the authority relied in denying the request.
(d)  If a regulating authority does not make a decision before the deadline prescribed by Subsection (a):
(1)  the request is approved;  and
(2)  the regulating authority may not apply the authority's impervious lot coverage regulations or sedimentation, retention, or erosion regulations to the expansion that is the subject of the request under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 210, Sec. 1, eff. Sept. 1, 2001.