Texas Parks and Wildlife Code
§ 12.023 — NOTICE OF CONSTRUCTION OF CERTAIN STRUCTURES
PW § 12.023Title 2. PARKS AND WILDLIFE DEPARTMENT · Ch. 12. POWERS AND DUTIES CONCERNING WILDLIFE · Art. A. GENERAL POWERS AND DUTIES
Statute text
View on source(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.
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Legislative history
Added by Acts 2025, 89th Leg., R.S., Ch. 1080 (H.B. 3556), Sec. 1, eff. September 1, 2025.