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A BILL TO BE ENTITLED
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AN ACT
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relating to certain structures located near a National Wildlife |
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Refuge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 26, Parks and Wildlife Code, is amended |
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by adding Section 26.005 to read as follows: |
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Sec. 26.005. NOTICE OF CONSTRUCTION. (a) This section |
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applies only in a county that has a population of less than 500,000 |
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and: |
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(1) that: |
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(A) borders the Gulf of Mexico; and |
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(B) contains a National Wildlife Refuge; 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 that is taller |
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than 500 feet unless the person provides notice to the department at |
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least 90 days before beginning construction of the structure. |
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(c) Notice under this section must give sufficient detail of |
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the structure for the department to reasonably evaluate its impact |
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on wildlife. |
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(d) Upon receiving notice under this section, the |
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department may evaluate the proposed structure. If the department |
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determines that construction of the structure or structures would |
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materially damage wildlife in this state, the department may, on or |
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before the 90th day after notice is filed, seek relief as provided |
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by this section to limit or enjoin construction. |
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(e) If the department takes no action on or before the 90th |
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day after notice is filed, the person may proceed with |
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construction. |
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(f) A district court of a county in which the structure is |
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proposed to be constructed may restrain and enjoin the person from |
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constructing the structure. |
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(g) The court may grant injunctive relief on application of |
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the department. |
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(h) The department is not required to post a bond when |
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seeking injunctive relief under this section. |
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SECTION 2. 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. |