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§ 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, § 1, eff. May 10, 1999.
