Tex. Transportation Code § 21.071 — TX Code / Code tn / Chapter 21 / Section 21.071
§ 21.071. REQUIREMENTS FOR CERTAIN METEOROLOGICAL EVALUATION TOWERS; OFFENSE.
Status: in_force

(a) In this section:

(1) "Meteorological evaluation tower" means a structure that:

(A) is self-standing or supported by guy wires and anchors;

(B) is not more than 12 feet in diameter at the base of the structure; and

(C) has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other equipment is mounted for the purpose of documenting whether a site has sufficient wind resources for the operation of a wind turbine generator.

(2) "Military aviation training facility" means a base, station, fort, or camp at which any branch of the United States armed forces regularly conducts aviation training.

(b) For purposes of this section, "meteorological evaluation tower" does not include a structure that is located:

(1) adjacent to a building, including a barn, or an electric utility substation; or

(2) in the curtilage of a residence.

(c) A meteorological evaluation tower that is at least 50 feet but not more than 200 feet in height above ground level:

(1) must be painted in equal alternating bands of aviation orange and white, beginning with orange at the top of the tower;

(2) must have aviation orange marker balls installed and displayed in accordance with the standards contained in 76 Fed. Reg. 36983 (June 24, 2011) and Federal Aviation Administration Advisory Circular AC 70/7460-1K; and

(3) may not be supported by guy wires unless the guy wires have a seven-foot-long safety sleeve at each anchor point that extends from the anchor point along each guy wire attached to the anchor point.

(c-1) A person may not erect a meteorological evaluation tower unless the person provides notice to the department in accordance with this subsection of the person's intent to erect the tower. Notice provided under this subsection must:

(1) be on a form prescribed by the department;

(2) be submitted through the department's Internet website not later than the 30th day before the date erection of the tower begins; and

(3) contain the following information:

(A) the name, address, and contact information of the owner or operator of the meteorological evaluation tower;

(B) the proposed location of the meteorological evaluation tower, including the site's latitude, longitude, and ground elevation and the tower's height above ground level;

(C) the date the person proposes to begin erecting the meteorological evaluation tower; and

(D) any other information the department considers necessary to determine the ownership, physical characteristics, or location of the meteorological evaluation tower.

(c-2) The owner or operator of the meteorological evaluation tower shall notify the department in the form and manner prescribed by the department of any change in the information contained in the notice provided for the tower under Subsection (c-1).

(c-3) Not later than the 30th day after the date the department receives notice of a person's intent to erect a meteorological evaluation tower under Subsection (c-1), the department shall provide a copy of the notice to:

(1) each federally owned or operated radar installation or military aviation training facility in this state whose boundaries are within 50 nautical miles of the tower;

(2) the county judge of each county in this state that contains a radar installation or military aviation training facility described by Subdivision (1); and

(3) the county judge of each county in this state within 25 miles of a radar installation or military aviation training facility described by Subdivision (1).

(d) A person who owns, operates, or erects a meteorological evaluation tower in violation of this section commits an offense. An offense under this subsection is a Class C misdemeanor, except that the offense is a Class B misdemeanor if it is shown on the trial of the offense that as a result of the commission of the offense a collision with the meteorological evaluation tower occurred causing bodily injury or death to another person.

(e) The department shall adopt rules to implement and administer this section, including rules requiring a person who owns or operates a meteorological evaluation tower to register the tower with the department.