78th Texas Legislature, Regular Session, Senate Bill 1261, Chapter 1222 Page: 3 of 4
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S.B. No. 1261
1 (1) "Cultivated field" means any open space or pasture
2 larger than five acres in which a plant or tree nursery is located
3 or an agricultural crop, including cotton, corn, grain, grapes,
4 beets, peanuts, and rice, but not including grass grown for hay, is
5 grown on a continuing basis.
6 (2) "Wireless communication facility" has the meaning
7 assigned by Section 35.111, Business & Commerce Code.
8 (b) Absence of plants, seedlings, or a crop on a temporary
9 basis due to crop rotation or other farm management techniques does
10 not remove an open area from the definition of "cultivated field."
11 (c) This section applies only to an antenna structure that
12 is used to provide commercial wireless communications services and
13 that is located in a cultivated field or within 100 feet of a
14 cultivated field.
15 (d) A person who proposes to construct a wireless
16 communication facility that is at least 100 feet but not more than
17 200 feet in height above ground level shall mark the highest guy
18 wires on the facility, if any, with two warning spheres each.
19 SECTION 4. (a) The changes in law made by this Act apply
20 only to a wireless communication facility constructed on or after
21 the effective date of this Act.
22 (b) This Act takes effect immediately if it receives a vote
23 of two-thirds of all the members elected to each house, as provided
24 by Section 39, Article III, Texas Constitution. If this Act does
25 not receive the vote necessary for immediate effect, this Act takes
26 effect September 1, 2003.
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Texas. Legislature. Senate. 78th Texas Legislature, Regular Session, Senate Bill 1261, Chapter 1222, legislative document, June 20, 2003; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth159162/m1/3/: accessed January 16, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.