The Texas legislature is poised to make Texas the 14^th state with meteorological evaluation tower (MET) marking requirements, as the state Senate’s Committee on Agriculture, Water, and Rural Affairs unanimously approved Senate Bill 505 March 23 thanks in no small part to the efforts of the Texas Agricultural Aviation Association (TAAA). The measure now heads to the full Senate for a vote.

Thanks to TAAA’s collaborative efforts, the Wind Coalition, a group representing Texas wind energy companies, withdrew their objection to the bill, clearing the path to the Senate floor.

Existing Texas law require wireless communications facilities that are between 100 feet and 200 feet AGL are to be marked with two warning spheres each on the highest guy wires. Existing Texas law also requires a notice to be given to certain airports and aerial applicators of the construction of a wireless communication facility for those facilities taller than 100 feet AGL. Both laws were adopted in 1995, but are largely ineffective due to a number of exemptions and a lack of enforcement.

SB 505 along with its companion bill House Bill 946 rewrite Texas’ existing regulations to make them more effective and comprehensive. Modeled after the Colorado tower law, the Texas bill does the following:

• Defines “tower” as a self-sustaining or guy wired structure not more than 6 feet in diameter, and is capable of mounting sensors and cameras. Extends marking requirements to towers over 50 feet (rather than 100 feet in existing law). Towers must be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower;

• States that high visibility spherical marker balls of aviation orange color should be installed and displayed in accordance with the standards contained in FAA advisory circular on Marking Meteorological Evaluation Towers (FR-2011-06-24) and the additional standards found in FAA Advisory Circular AC 70/7460-1;

• Guy wires must have a seven foot safety sleeve at each anchor point;

• Towers erected prior to the effective date must be marked as required by the legislation within one year of the effective date of the legislation;

• Contains a Penalty provision for non-compliance with different penalties for violations resulting in death or injury versus those that do not result in death or injury: Class B misdemeanor for the former and Class C misdemeanor for the latter; and

• Adds a reporting and registration requirement to be administered by the Texas Department of Transportation.

The bill also exempts FCC communications towers, towers adjacent to buildings, as well as utility and transmission towers.