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A BILL TO BE ENTITLED
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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; authorizing injunctive relief. |
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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) is adjacent to a county described by Subdivision |
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(1). |
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(b) A person may not construct a structure taller than 500 |
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feet unless the person provides notice to the department not later |
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than the 90th day before the date the person begins the |
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construction. The department may bring an action for injunctive |
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relief as provided by Subsection (e) to enjoin a violation of this |
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subsection. |
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(c) Notice provided to the department under this section |
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must include sufficient detail for the department to reasonably |
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evaluate the potential impact of the proposed structure on |
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wildlife. |
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(d) Not later than the 90th day after the date the |
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department receives notice under this section, the department: |
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(1) may review the notice and evaluate the proposed |
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structure to determine the structure's potential impact on |
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wildlife; and |
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(2) if the department determines the proposed |
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structure will materially harm wildlife in this state, may bring an |
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action for injunctive relief as provided by Subsection (e) to limit |
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or enjoin construction of the structure. |
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(e) The department may bring an action for injunctive relief |
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under this section in a district court for the county in which the |
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structure is being constructed or is proposed to be constructed. |
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The court may grant appropriate injunctive relief if the court |
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finds: |
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(1) a person began construction of the structure in |
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violation of Subsection (b); or |
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(2) the proposed structure will materially harm |
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wildlife in this state. |
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(f) The department is not required to post a bond in an |
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action for injunctive relief under this section. |
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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. |