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AN ACT
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relating to the construction of structures exceeding a certain |
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height in certain counties containing national wildlife refuges and |
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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 the date a person |
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begins construction of a structure taller than 575 feet, the person |
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shall submit to the department a request for the department to |
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review the project under Section 12.0011(b)(3). |
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(c) Not later than the 45th day after the date the |
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department receives a request under Subsection (b), the department |
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shall recommend in writing measures to minimize the impact of the |
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structure on migratory birds. |
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(d) If the department does not provide recommendations |
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under Subsection (c) to the person who requested review within the |
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period required by that subsection, the construction of the project |
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may proceed without further delay or modification. |
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(e) Not later than the 45th day after the date the person who |
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requested review receives the recommendations under Subsection |
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(c), the person shall provide a written response to the department |
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accepting the recommendations or providing alternative |
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minimization measures in place of department recommendations. |
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(f) If the department does not agree to the alternative |
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minimization measures received under Subsection (e), the |
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department shall reach a final decision on the minimization |
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measures the structure must utilize not later than the 45th day |
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after the date the department received the alternative minimization |
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measures. If the department requires compliance with minimization |
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measures other than those agreed to by the person who requested |
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review, the person is entitled to an administrative hearing before |
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the State Office of Administrative Hearings. |
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(g) The commission may adopt rules to implement this |
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section. |
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(h) Information submitted to the department under this |
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section is not subject to Chapter 552, Government Code. |
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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 90th 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3556 was passed by the House on May 7, |
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2025, by the following vote: Yeas 96, Nays 49, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3556 on May 29, 2025, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3556 on May 31, 2025, by the following vote: Yeas 99, |
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Nays 12, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3556 was passed by the Senate, with |
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amendments, on May 26, 2025, by the following vote: Yeas 22, Nays |
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9; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3556 on May 31, 2025, by the following vote: Yeas 22, Nays 9. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |