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Senate advances bill requiring Parks and Wildlife review for very tall structures in counties with national wildlife refuges

May 25, 2025 | Senate, Legislative, Texas


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Senate advances bill requiring Parks and Wildlife review for very tall structures in counties with national wildlife refuges
Senator Middleton brought Committee Substitute for House Bill 3,556 to the floor to require advance notice to Texas Parks and Wildlife before construction of structures exceeding a specified height (500 feet) in counties that contain national wildlife refuges along the Texas Gulf Coast.

Under the floor posture described by Middleton, a person proposing such a structure must notify Parks and Wildlife 90 days before construction; Parks and Wildlife has 45 days to review impacts and propose mitigation measures. If the proposer declines the department’s mitigation measures, the proposer may submit alternative mitigation; after receiving alternative mitigation measures Parks and Wildlife must issue a final decision and, if the parties cannot agree, the requester is entitled to an administrative hearing. A floor amendment was adopted that removed an injunctive‑relief provision and clarified the timing for a final decision and hearing rights.

Senator Eckhardt questioned the author on the scope and relative scale of bird mortality from wind turbines versus other causes; during the colloquy members cited a range of estimates for bird deaths from wind energy in Texas (the sponsor referenced an estimate "somewhere between 50,000 to 300,000" annually) and compared that against other causes such as window strikes (a figure of "600,000,000 bird strikes on windows" was referenced in floor colloquy). The bill's author said the measure applies to counties on the Texas Gulf Coast and would not apply to urban centers.

The Senate adopted the amendment and passed the committee substitute on third reading; the roll was recorded at "21 ayes, 10 nays" on the third‑reading vote. The transcript stops short of recording a final passage vote on the bill in this sitting.

Why it matters: The bill creates a process for early review of proposed very tall structures in sensitive coastal bird migratory corridors and prescribes a structured mitigation and review timeline intended to reduce bird mortality risks near refuges.

Next steps: The bill passed third reading; proponents and opponents flagged scientific and comparative data questions on bird mortality and on whether mitigation measures proposed by Parks and Wildlife will be binding or advisory.

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