Relating to requirements for certain meteorological evaluation towers.
CriticalImmediate action required
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Department of Transportation (TxDOT)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline:Immediate. Any tower scheduled for erection on or after July 20, 2025, requires a Notice of Intent filed by June 20, 2025.
Agency Rulemaking: TxDOT must establish a website portal and prescribe official forms immediately.
*Regulatory Gray Zone:* There is a high risk that the law will be effective before TxDOT's digital portal is live. In this interim period, operators must document good-faith efforts to file via alternative means (certified mail/affidavit) to avoid liability.
Immediate Action Plan
Audit Inventory: Immediately identify all tower assets with base diameters between 6 and 12 feet; these are now regulated assets.
Review Schedule: Identify all erections planned for July 2025 onward. Ensure the 30-day notice is filed by June 20, 2025.
Assign Liability: Explicitly designate the party responsible for TxDOT filings in all active construction contracts.
Monitor Portal: Assign a compliance officer to check the TxDOT website daily for the launch of the new submission tool.
Operational Changes Required
Contracts
Master Service Agreements (MSAs) & EPC Contracts: Update immediately to define the "Responsible Person" for filing the Notice of Intent.
Indemnification: Revise clauses to hold contractors liable for delay costs if they fail to file the 30-day notice or if construction is halted due to non-compliance.
Change Orders: Stipulate that changes to site coordinates trigger a *new* reporting requirement, which may restart the 30-day clock.
Hiring/Training
Project Management: Project managers must update Gantt charts to include a mandatory 30-day buffer before mobilization. The "erect-on-demand" workflow is now illegal.
Field Crews: Train site surveyors to identify the new class of regulated towers (6ft–12ft base diameter) which were previously exempt.
Reporting & Record-Keeping
Notice of Intent: Must be filed with TxDOT 30 days *prior* to erection. Required data: Name, Contact, Lat/Long, Elevation, Height, and Start Date.
Notice of Change: Any alteration to the data above requires an immediate update filing.
Military Notification: Be aware that TxDOT will forward your filing to military aviation facilities within 50 nautical miles. Prepare for potential inquiries regarding low-level training routes.
Fees & Costs
Direct Costs: No new state fees are established in the bill text.
Operational Costs: Failure to plan for the 30-day hold will result in idle crew costs and mobilization delays.
Strategic Ambiguities & Considerations
The "Portal Gap": The statute requires filing via an "Internet website." If TxDOT does not launch this portal by June 20, compliance is technically impossible. We advise preparing manual filings to establish a paper trail.
Military "Veto": While the law does not explicitly grant the military veto power, the notification requirement creates a de facto consultation period. If a base commander objects during the 30-day window, expect significant regulatory friction.
Retroactive Registration: While the *Notice of Intent* is for new towers, the bill mandates rules for *tower registration*. TxDOT rulemaking will likely require retrospective registration of existing towers with 6ft–12ft bases later this year.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
According to the U.S. Air Force, air force bases operate training routes, including low-flying routes, which require the unencumbered use of radar to be conducted safely. The bill author has informed the committee that wind farms constructed near air force bases and radar installations have the potential to encroach on training routes and cause radar disruption, which then could jeopardize the safety of pilots and limit the success of their training missions. In fact, Sheppard Air Force Base had to close 3 of its 17 training routes in 2018 because of such encroachment by wind turbines, as reported by the Wichita Falls Times Record News. Meteorological evaluation towers are used to evaluate locations for future wind turbines in an area, and, as the author has informed the committee, advance notice that a tower is going to be built would enable military base personnel to communicate and coordinate with the wind farm developers to prevent conflicts and adjust routes accordingly. H.B. 2898 seeks to address this issue by requiring notice of intent to build a meteorological evaluation tower to be provided to the Texas Department of Transportation, each federally owned or operated radar or military installation within 50 nautical miles of the tower, and the applicable county judges.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2898 amends the Transportation Code to remove the requirement for the Texas Department of Transportation (TxDOT) to adopt rules requiring a person who owns, operates, or erects a meteorological evaluation tower to provide notice to TxDOT of the existence of or intent to erect the tower. The bill instead requires a person erecting such a tower to provide notice to TxDOT of the person's intent to erect the tower that meets the following criteria:
·is on a form prescribed by TxDOT;
·is submitted through TxDOT's website not later than the 30th day before the date erection of the tower begins; and
·contains the following information:
othe name, address, and contact information of the owner or operator of the tower;
othe proposed location of the tower, including the site's latitude, longitude, and ground elevation and the tower's height above ground level;
othe date the person proposes to begin erecting the tower; and
oany other information TxDOT considers necessary to determine the ownership, physical characteristics, or location of the tower.
H.B. 2898 requires the owner or operator of the tower to notify TxDOT in the form and manner prescribed by TxDOT of any change in the information contained in the notice. The bill requires TxDOT, not later than the 30th day after the date it receives the notice, to provide a copy of the notice to the following entities:
·each federally owned or operated radar or military installation in Texas whose boundaries are within 50 nautical miles of the tower;
·the county judge of each county in Texas that contains such a radar or military installation; and
·the county judge of each county in Texas that is adjacent to a county containing the applicable radar or military installation.
H.B. 2898 retains the requirement in current law for TxDOT to adopt rules requiring a person to register a meteorological evaluation tower with TxDOT and clarifies that this requirement applies only to owners or operators and not a person who erects such a tower.
H.B. 2898 revises the definition of "meteorological evaluation tower" that applies to the notification and registration requirements and the painting and marking requirements for such towers by increasing from 6 feet to 12 feet the maximum diameter of a qualifying structure's base.
Effective June 20, 2025, HB 2898 significantly expands the definition of regulated Meteorological Evaluation Towers (METs) to include structures with base diameters up to 12 feet (previously 6 feet) and imposes a mandatory 30-day pre-construction notice period. Wind energy developers and EPC contractors must immediately adjust project schedules to accommodate this statutory "hard stop" or face criminal penalties and construction shutdowns. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Q
Who authored HB2898?
HB2898 was authored by Texas Representative James Frank during the Regular Session.
Q
When was HB2898 signed into law?
HB2898 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB2898?
HB2898 is enforced by Texas Department of Transportation (TxDOT).
Q
How urgent is compliance with HB2898?
The compliance urgency for HB2898 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB2898?
The cost impact of HB2898 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB2898 address?
HB2898 addresses topics including military & veterans, transportation, transportation--aviation and transportation, texas department of.
Legislative data provided by LegiScanLast updated: November 25, 2025
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