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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) 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 500 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) Not later than the 45th day after the date the |
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department receives alternative minimization measures under |
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Subsection (e), the department may bring an action for injunctive |
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relief as provided by Subsection (g) if the department determines |
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that the proposed structure, if constructed utilizing the |
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alternative minimization measures, would materially damage |
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migratory birds in this state. |
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(g) The department may bring an action for injunctive relief |
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for a violation of this section or as provided by Subsection (f) to |
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limit or enjoin the construction of a structure in a district court |
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for the county in which the structure is being or is proposed to be |
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constructed. The court may grant appropriate injunctive relief in |
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an action under this subsection if the court determines that: |
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(1) the person violated this section; or |
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(2) the proposed structure, if constructed utilizing |
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the alternative minimization measures, would materially damage |
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migratory birds in this state. |
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(h) In making a determination under Subsection (f) or |
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(g)(2), the department or the court, as applicable, may consider |
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the cumulative impact of all structures the person proposes to |
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construct for the project. |
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(i) 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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(j) Information submitted to the department under this |
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section is not subject to Chapter 552, Government Code. |
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(k) This section does not apply to a facility that supports |
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space flight activities, as defined by Section 100A.001, Civil |
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Practice and Remedies 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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