N5AUS | 
03 23rd, 2011| 
The West Gulf Division’s legislation to eliminate homeowner association restrictions against Amateur Radio operation, including the installation of towers and antennas was filed on March 10, 2011 by State Representative Warren Chisum as House Bill 3038.
Purpose of HB 3038
HB 3038 is intended to strike down all existing HOA restrictions against Amateur Radio operation. Hams who want to install antennas or antenna support structures outside their residence will still be required to comply with applicable zoning ordinances, national building codes, to install support structures and antennas in accordance with manufacturer’s specifications and to remove all exterior antennas and support structures when they sell their home.
HB 3038 permits wire antennas, verticals and lattice support structures. The height and location of exterior antennas or support structures will be determined not by an HOA, but by manufacturer’s structural integrity requirements and municipal zoning and tower ordinances.
The bill was originally introduced in the 2009 Texas Legislative Session as Senate Bill 1552 and House Bill 4637. Unfortunately, the bill did not make it out of Committee.
The intent of the West Gulf’s legislative efforts is to address several issues of interest to Hams: (1) the right to operate and install necessary antennas and antenna support structures; (2) the right to install emergency and off-grid electrical power supplies and (3) the right to fly a US, Texas or military flag from structure-mounted or free-standing flagpoles.
To address the need for emergency and off-grid electrical power supply the West Gulf is seeking to eliminate HOA restrictions against, and to guarantee the right to install, solar photovoltaic panels and permanently installed standby electrical generators.
Solar Panels Approval Likely To Pass
The WG’s legislative team successfully negotiated with Sen. West and Rep. Solomon’s staff, solar energy industry and HOA/builder representatives to modify the solar panel bills filed by Sen. West and Rep. Solomons (SB 238 and HB 362) to include provisions important to Hams. The modification of these bills to include the WG’s requested terms eliminated the necessity of filing a separate bill by the WG. It appears the WG will be successful in obtaining the passage of a bill to eliminate existing HOA prohibitions on the installation of solar panels.
Background Of Current West Gulf Legislative Efforts
With this success, HB 3038 was introduced with only three sections: one section eliminating HOA prohibitions on Amateur Radio operation, one eliminating HOA prohibitions on the installation of permanently installed electrical generators and a third section eliminating HOA prohibitions on the flying of flags and the installation of flagpoles.
The West Gulf’s legislative program is the result of the efforts of Director David Woolweaver, K5RAV, and Vice Director John Robert Stratton, N5AUS, to aggressively pursue State legislative solutions to problems and issues of importance to Hams in Texas and Oklahoma. Only two ARRL Divisions have an active State legislative program: the West Gulf and the Southwestern Division. The West Gulf’s legislative program is the most ambitious and aggressive of the two.
Be Ready To Contact Your Elected Representative To Support the WG’s Legislation
At present, it is not necessary for each Ham to contact their own State Senator or Representative to request they vote for HB 3038, but each Ham should determine who represents them, so as to be ready when the WG requests that the Texas Legislature be contacted. When HB 3038 is set for a hearing before the House Business & Industry Committee, an email will be sent to the entire West Gulf.
Watch for emails from either the West Gulf or Texas Ham Pac requesting action on your part. Your personal contact – by letter, fax or telephone call – is very important to the success of the WG’s legislative program. Elected representatives do listen and respond to personal contact.
Note: If you do not want to receive emails from the West Gulf or Texas Ham Pac regarding legislative efforts, please click the link in a received email to unsubscribe from the email. Please do not report the email as spam – if you do, you will seriously damage the West Gulf’s and Texas Ham Pac’s abilities to communicate with other interested Hams. If you click ‘unsubscribe’ on any received email, you will be permanently removed from future emails.
