H.B. No. 2898

AN ACT

relating to requirements for certain meteorological evaluation towers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 21.071, Transportation Code, is amended to read as follows:

Sec. 21.071. [PAINTING AND MARKING] REQUIREMENTS FOR CERTAIN METEOROLOGICAL EVALUATION TOWERS; OFFENSE.

SECTION 2. Section 21.071, Transportation Code, is amended by amending Subsections (a) and (e) and adding Subsections (c-1), (c-2), and (c-3) to read as follows:

(a) In this section:

(1) "Meteorological[, "meteorological] evaluation tower" means a structure that:

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

(B) [(2)] is not more than 12 [six] feet in diameter at the base of the structure; and

(C) [(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.

(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.

(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).

(e) The department shall adopt rules to implement and administer this section, including rules requiring a person[:

[(1)] who owns or [,] 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.

SECTION 3. This Act takes effect September 1, 2025.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2898 was passed by the House on May 2, 2025, by the following vote: Yeas 129, Nays 8, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 2898 was passed by the Senate on May 22, 2025, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

_____________________

Governor