By: Vasut, et al. (Senate Sponsor - Middleton) H.B. No. 3556          (In the Senate - Received from the House May 8, 2025;   May 14, 2025, read first time and referred to Committee on Natural   Resources; May 22, 2025, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 7, Nays 2;   May 22, 2025, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 3556 By:  Hughes     A BILL TO BE ENTITLED   AN ACT     relating to the construction of structures exceeding a certain   height in certain counties containing national wildlife refuges and   in adjacent counties; authorizing injunctive relief.          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 500 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)  Not later than the 45th day after the date the   department receives alternative minimization measures under   Subsection (e), the department may bring an action for injunctive   relief as provided by Subsection (g) if the department determines   that the proposed structure, if constructed utilizing the   alternative minimization measures, would materially damage   migratory birds in this state.          (g)  The department may bring an action for injunctive relief   for a violation of this section or as provided by Subsection (f) to   limit or enjoin the construction of a structure in a district court   for the county in which the structure is being or is proposed to be   constructed. The court may grant appropriate injunctive relief in   an action under this subsection if the court determines that:                (1)  the person violated this section; or                (2)  the proposed structure, if constructed utilizing   the alternative minimization measures, would materially damage   migratory birds in this state.          (h)  In making a determination under Subsection (f) or   (g)(2), the department or the court, as applicable, may consider   the cumulative impact of all structures the person proposes to   construct for the project.          (i)  The department is not required to post a bond in an   action for injunctive relief under this section.          (j)  Information submitted to the department under this   section is not subject to Chapter 552, Government Code.          (k)  This section does not apply to a facility that supports   space flight activities, as defined by Section 100A.001, Civil   Practice and Remedies 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.     * * * * *