| 1 | 1 | | By: Middleton S.B. No. 2598 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | relating to certain structures located near a National Wildlife |
|---|
| 9 | 9 | | Refuge. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 26, Parks and Wildlife Code, is amended |
|---|
| 12 | 12 | | by adding Section 26.005 to read as follows: |
|---|
| 13 | 13 | | Sec. 26.005. NOTICE OF CONSTRUCTION. (a) This section |
|---|
| 14 | 14 | | applies only in a county that has a population of less than 500,000 |
|---|
| 15 | 15 | | and: |
|---|
| 16 | 16 | | (1) that: |
|---|
| 17 | 17 | | (A) borders the Gulf of Mexico; and |
|---|
| 18 | 18 | | (B) contains a National Wildlife Refuge; or |
|---|
| 19 | 19 | | (2) is adjacent to a county described by Subdivision |
|---|
| 20 | 20 | | (1). |
|---|
| 21 | 21 | | (b) A person may not construct a structure that is taller |
|---|
| 22 | 22 | | than 500 feet unless the person provides notice to the department at |
|---|
| 23 | 23 | | least 90 days before beginning construction of the structure. |
|---|
| 24 | 24 | | (c) Notice under this section must give sufficient detail of |
|---|
| 25 | 25 | | the structure for the department to reasonably evaluate its impact |
|---|
| 26 | 26 | | on wildlife. |
|---|
| 27 | 27 | | (d) Upon receiving notice under this section, the |
|---|
| 28 | 28 | | department may evaluate the proposed structure. If the department |
|---|
| 29 | 29 | | determines that construction of the structure or structures would |
|---|
| 30 | 30 | | materially damage wildlife in this state, the department may, on or |
|---|
| 31 | 31 | | before the 90th day after notice is filed, seek relief as provided |
|---|
| 32 | 32 | | by this section to limit or enjoin construction. |
|---|
| 33 | 33 | | (e) If the department takes no action on or before the 90th |
|---|
| 34 | 34 | | day after notice is filed, the person may proceed with |
|---|
| 35 | 35 | | construction. |
|---|
| 36 | 36 | | (f) A district court of a county in which the structure is |
|---|
| 37 | 37 | | proposed to be constructed may restrain and enjoin the person from |
|---|
| 38 | 38 | | constructing the structure. |
|---|
| 39 | 39 | | (g) The court may grant injunctive relief on application of |
|---|
| 40 | 40 | | the department. |
|---|
| 41 | 41 | | (h) The department is not required to post a bond when |
|---|
| 42 | 42 | | seeking injunctive relief under this section. |
|---|
| 43 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 47 | 47 | | Act takes effect September 1, 2025. |
|---|