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

New reviews for tall Texas construction projects

Owners or developers building structures taller than 575 feet in covered Texas counties must request a state wildlife review. They must contact the Texas Parks and Wildlife Department at least 90 days before construction. Covered counties have fewer than 500,000 people and either border the Gulf of Mexico and contain a national wildlife refuge, wholly or partly, or border such a county and have no city with more than 300,000 people. The department has 45 days after receiving the request to recommend steps to reduce harm to migratory birds. If it misses that deadline, construction can proceed without delay or changes. The requester must respond within 45 days after receiving recommendations, either accepting them or offering other steps. If the department disagrees with those alternatives, it must make a final decision within 45 days after receiving them. Requesters have a right to a State Office of Administrative Hearings hearing when required steps differ from those they agreed to. Submitted information is exempt from the Texas Public Information Act, limiting public access. The Texas Parks and Wildlife Commission can adopt rules to carry out this process. These requirements cover construction starting on or after the 90th day after the law takes effect, not earlier projects. The law sets immediate effect with two-thirds approval in each legislative house; otherwise, its effective date is September 1, 2025.