Sec. 21.071. PAINTING AND MARKING REQUIREMENTS FOR CERTAIN METEOROLOGICAL EVALUATION TOWERS; OFFENSE. (a) In this section, "meteorological evaluation tower" means a structure that:

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

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

(3) 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.

(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.

(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:

(1) who owns, operates, or erects a meteorological evaluation tower to provide notice to the department of the existence of or intent to erect a meteorological evaluation tower; and

(2) to register the meteorological evaluation tower with the department.

Added by Acts 2015, 84th Leg., R.S., Ch. 36 (S.B. 505), Sec. 1, eff. September 1, 2015.