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A BILL TO BE ENTITLED
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AN ACT
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relating to excepting certain fiber-optic cable projects from |
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certain notice requirements for projects on state or local public |
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land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 191.0525(e), Natural Resources Code, is |
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amended to read as follows: |
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(e) There exist categorical exclusions since many |
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activities conducted on nonfederal public land have little, if any, |
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chance to damage archeological sites, and therefore should not |
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require notification under this section. The following are |
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categorical exclusions at a minimum: |
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(1) water injection into existing oil and gas wells; |
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(2) upgrading of electrical transmission lines when |
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there will be no new disturbance of the existing easement; |
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(3) seismic exploration activity when there is no |
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ground penetration or disturbance; |
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(4) building and repairing fences that do not require |
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construction or modification of associated roads, fire breaks, or |
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previously disturbed ground; |
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(5) road maintenance that does not involve widening or |
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lengthening the road; |
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(6) installation or replacement of meter taps; |
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(7) controlled burning of fields; |
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(8) animal grazing; |
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(9) plowing, if the techniques are similar to those |
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used previously; |
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(10) installation of monuments and sign posts unless |
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within the boundaries of designated historic districts; |
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(11) maintenance of existing trails; |
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(12) land sales and trades of land held by the |
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permanent school fund and permanent university fund; |
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(13) permanent school fund and permanent university |
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fund leases, easements, and permits, including mineral leases and |
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pooling agreements, in which the lessee, grantee, or permittee is |
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specifically required to comply with the provisions of this |
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chapter; |
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(14) oil, gas, or other mineral exploration, |
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production, processing, marketing, refining, or transportation |
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facility or pipeline project in an area where the project will cross |
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state or local public roads, rivers, and streams, unless they |
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contain a recorded archeological site or a designated state land |
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tract in Texas' submerged lands; |
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(15) maintenance, operation, replacement, or minor |
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modification of an existing oil, gas, or other mineral exploration, |
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production, processing, marketing, refining, or transportation |
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facility or pipeline; [and] |
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(16) installation, maintenance, operation, |
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replacement, or minor modification of buried fiber-optic cables |
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located in the right-of-way of an existing road; and |
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(17) any project for which a state permit application |
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has been made prior to promulgation of rules 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. |