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A BILL TO BE ENTITLED
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AN ACT
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relating to measures to minimize the impact on migratory birds of |
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structures exceeding a certain height in certain counties |
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containing National Wildlife Refuges and in adjacent counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 12, Parks and Wildlife |
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Code, is amended by adding Section 12.023 to read as follows: |
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Sec. 12.023. NOTICE OF CONSTRUCTION OF CERTAIN STRUCTURES. |
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(a) This section applies only in a county with a population of less |
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than 500,000 that: |
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(1) borders the Gulf of Mexico and in which a national |
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wildlife refuge is wholly or partly located; or |
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(2) does not contain a municipality with a population |
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greater than 300,000 and is adjacent to a county described by |
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Subdivision (1). |
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(b) Not later than the 90th day before a person begins |
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construction of a structure taller than 500 feet, the person shall |
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submit to the department a request for the department to review the |
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project under Section 12.0011(b)(3). |
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(c) Not later than the 45th day after a request under |
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Subsection (b), the department shall recommend in writing measures |
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to minimize the impact of the structure on migratory birds. |
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(d) If the department does not provide recommendations to |
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the requestor under Subsection (c) within 45 days, the construction |
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of the project may proceed without further delay or modification. |
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(e) Not later than the 45th day after receiving the |
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recommendations under Subsection (c), the requestor shall provide a |
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written response to the department accepting the recommendations or |
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providing alternative minimization measures in place of department |
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recommendations not feasible based on considerations including |
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technology or engineering limitations and cost. |
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(f) Information submitted to the department under this |
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section is not subject to Chapter 552, Government Code, and may not |
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be disclosed to any person, including a state or federal agency, |
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without the written consent of the person submitting the |
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information. |
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SECTION 2. Section 12.023, Parks and Wildlife Code, as |
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added by this Act, applies only to a person who begins construction |
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of a structure on or after the 180th day after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |