| 4 | 7 | | |
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| 5 | 8 | | |
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| 6 | 9 | | A BILL TO BE ENTITLED |
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| 7 | 10 | | AN ACT |
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| 8 | 11 | | relating to excepting certain fiber-optic cable projects from |
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| 9 | 12 | | certain notice requirements for projects on state or local public |
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| 10 | 13 | | land. |
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| 11 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 15 | | SECTION 1. Section 191.0525(e), Natural Resources Code, is |
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| 13 | 16 | | amended to read as follows: |
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| 14 | 17 | | (e) There exist categorical exclusions since many |
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| 15 | 18 | | activities conducted on nonfederal public land have little, if any, |
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| 16 | 19 | | chance to damage archeological sites, and therefore should not |
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| 17 | 20 | | require notification under this section. The following are |
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| 18 | 21 | | categorical exclusions at a minimum: |
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| 19 | 22 | | (1) water injection into existing oil and gas wells; |
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| 20 | 23 | | (2) upgrading of electrical transmission lines when |
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| 21 | 24 | | there will be no new disturbance of the existing easement; |
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| 22 | 25 | | (3) seismic exploration activity when there is no |
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| 23 | 26 | | ground penetration or disturbance; |
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| 24 | 27 | | (4) building and repairing fences that do not require |
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| 25 | 28 | | construction or modification of associated roads, fire breaks, or |
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| 26 | 29 | | previously disturbed ground; |
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| 27 | 30 | | (5) road maintenance that does not involve widening or |
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| 28 | 31 | | lengthening the road; |
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| 29 | 32 | | (6) installation or replacement of meter taps; |
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| 30 | 33 | | (7) controlled burning of fields; |
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| 31 | 34 | | (8) animal grazing; |
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| 32 | 35 | | (9) plowing, if the techniques are similar to those |
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| 33 | 36 | | used previously; |
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| 34 | 37 | | (10) installation of monuments and sign posts unless |
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| 35 | 38 | | within the boundaries of designated historic districts; |
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| 36 | 39 | | (11) maintenance of existing trails; |
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| 37 | 40 | | (12) land sales and trades of land held by the |
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| 38 | 41 | | permanent school fund and permanent university fund; |
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| 39 | 42 | | (13) permanent school fund and permanent university |
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| 40 | 43 | | fund leases, easements, and permits, including mineral leases and |
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| 41 | 44 | | pooling agreements, in which the lessee, grantee, or permittee is |
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| 42 | 45 | | specifically required to comply with the provisions of this |
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| 43 | 46 | | chapter; |
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| 44 | 47 | | (14) oil, gas, or other mineral exploration, |
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| 45 | 48 | | production, processing, marketing, refining, or transportation |
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| 46 | 49 | | facility or pipeline project in an area where the project will cross |
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| 47 | 50 | | state or local public roads, rivers, and streams, unless they |
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| 48 | 51 | | contain a recorded archeological site or a designated state land |
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| 49 | 52 | | tract in Texas' submerged lands; |
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| 50 | 53 | | (15) maintenance, operation, replacement, or minor |
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| 51 | 54 | | modification of an existing oil, gas, or other mineral exploration, |
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| 52 | 55 | | production, processing, marketing, refining, or transportation |
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| 53 | 56 | | facility or pipeline; [and] |
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| 54 | 57 | | (16) installation, maintenance, operation, |
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| 55 | 58 | | replacement, or minor modification of buried fiber-optic cables |
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| 56 | 59 | | located in the right-of-way of an existing road; and |
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| 57 | 60 | | (17) any project for which a state permit application |
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| 58 | 61 | | has been made prior to promulgation of rules under this section. |
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| 59 | 62 | | SECTION 2. This Act takes effect immediately if it receives |
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| 60 | 63 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 64 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 65 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 66 | | Act takes effect September 1, 2025. |
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