Relating to the construction of structures exceeding a certain height in certain counties containing national wildlife refuges and in adjacent counties, the official text

H.B. No. 3556

AN ACT

relating to the construction of structures exceeding a certain

height in certain counties containing national wildlife refuges and

in adjacent counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 12, Parks and Wildlife

Code, is amended by adding Section 12.023 to read as follows:

Sec. 12.023. NOTICE OF CONSTRUCTION OF CERTAIN STRUCTURES.

(a) This section applies only in a county with a population of less

than 500,000 that:

(1) borders the Gulf of Mexico and in which a national

wildlife refuge is wholly or partly located; or

(2) does not contain a municipality with a population

greater than 300,000 and is adjacent to a county described by

Subdivision (1).

(b) Not later than the 90th day before the date a person

begins construction of a structure taller than 575 feet, the person

shall submit to the department a request for the department to

review the project under Section 12.0011(b)(3).

(c) Not later than the 45th day after the date the

department receives a request under Subsection (b), the department

shall recommend in writing measures to minimize the impact of the

structure on migratory birds.

(d) If the department does not provide recommendations

under Subsection (c) to the person who requested review within the

period required by that subsection, the construction of the project

may proceed without further delay or modification.

(e) Not later than the 45th day after the date the person who

requested review receives the recommendations under Subsection

(c), the person shall provide a written response to the department

accepting the recommendations or providing alternative

minimization measures in place of department recommendations.

(f) If the department does not agree to the alternative

minimization measures received under Subsection (e), the

department shall reach a final decision on the minimization

measures the structure must utilize not later than the 45th day

after the date the department received the alternative minimization

measures. If the department requires compliance with minimization

measures other than those agreed to by the person who requested

review, the person is entitled to an administrative hearing before

the State Office of Administrative Hearings.

(g) The commission may adopt rules to implement this

section.

(h) Information submitted to the department under this

section is not subject to Chapter 552, Government Code.

SECTION 2. Section 12.023, Parks and Wildlife Code, as

added by this Act, applies only to a person who begins construction

of a structure on or after the 90th day after the effective date of

this Act.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 3556 was passed by the House on May 7,

2025, by the following vote: Yeas 96, Nays 49, 1 present, not

voting; that the House refused to concur in Senate amendments to

H.B. No. 3556 on May 29, 2025, and requested the appointment of a

conference committee to consider the differences between the two

houses; and that the House adopted the conference committee report

on H.B. No. 3556 on May 31, 2025, by the following vote: Yeas 99,

Nays 12, 2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 3556 was passed by the Senate, with

amendments, on May 26, 2025, by the following vote: Yeas 22, Nays

9; at the request of the House, the Senate appointed a conference

committee to consider the differences between the two houses; and

that the Senate adopted the conference committee report on H.B. No.

3556 on May 31, 2025, by the following vote: Yeas 22, Nays 9.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor