Relating to the construction of structures exceeding a certain height in certain counties containing national wildlife refuges and in adjacent counties.
ModeratePlan for compliance
Medium Cost
Effective:2025-09-01
Enforcing Agencies
Texas Parks and Wildlife Department (TPWD) • State Office of Administrative Hearings (SOAH)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline: November 30, 2025. (The notice requirement applies strictly to persons beginning construction on or after the 90th day *after* the effective date. Projects breaking ground prior to this date are grandfathered.)
Agency Rulemaking: TPWD is authorized to adopt rules to implement this section. Expect rulemaking between September and November 2025 to define "minimization measures" and procedural specifics.
Immediate Action Plan
Geographic Audit: Immediately map all planned assets >575ft against the specific county criteria (pop <500k, coastal/adjacent, near National Wildlife Refuge).
Accelerate Deployment: For projects near the threshold, mobilize to "begin construction" (break ground) before November 30, 2025, to permanently bypass this regulatory regime.
Prepare Counter-Measures: Have your environmental team pre-draft a menu of acceptable "minimization measures" to offer TPWD immediately upon filing, preempting more expensive agency mandates.
Update Schedules: Insert a hard "Regulatory Hold" of 4 months into the Gantt chart for any Q4 2025 or 2026 coastal vertical infrastructure projects.
Operational Changes Required
Contracts
EPC/General Contractor Agreements: Update "Force Majeure" clauses to exclude regulatory delays arising from HB3556; this is now a foreseeable legal requirement.
Delay Damages: Insert clauses protecting the Owner from delay claims if the TPWD review process extends beyond 45 days due to agency inaction.
Definition of "Construction": Explicitly define "commencement of construction" in contracts to align with the statutory grandfathering deadline (e.g., pouring of foundation vs. site clearing).
Hiring/Training
Environmental Consultants: Retain consultants specifically to draft "alternative minimization measures." You need negotiators, not just assessors, to counter potentially restrictive TPWD proposals.
Project Managers: Train project leads on the new critical path: a minimum 135-day regulatory buffer must be added to all project schedules (90-day notice + potential 45-day negotiation windows).
Reporting & Record-Keeping
Section 12.023 Packet: Establish a standardized filing packet for the 90-day notice.
Proof of Delivery: All submissions to TPWD must be sent via Certified Mail or a method providing a digital receipt to legally start the 45-day agency review clock.
Confidentiality Protocols: Mark all design data submitted as "Confidential under HB3556 Section 1(h)" to ensure exemption from the Texas Public Information Act.
Fees & Costs
Mitigation Costs: Budget for potential operational costs, such as radar-activated lighting systems or operational curtailment (shutting down turbines during migration), which TPWD may demand.
Litigation Reserve: If agreement cannot be reached, budget for legal counsel to represent the project at the State Office of Administrative Hearings (SOAH).
Strategic Ambiguities & Considerations
Scope of "Minimization Measures": The statute does not define the limits of what TPWD can demand. Rulemaking may clarify if the agency can require *operational* changes (curtailment) versus *structural* changes (lighting/marking).
"Beginning Construction": The statute lacks a precise definition for the physical act triggering the requirement. Until defined by rule, this creates risk for projects in early staging phases near the November 30, 2025 deadline.
"Structure" Definition: While the 575-foot threshold is clear, it is ambiguous whether temporary construction equipment (e.g., cranes) triggers a separate filing requirement if they exceed the height limit during the build.
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The bill author has informed the committee that Texas is home to several National Wildlife Refuges along the Gulf Coast that provide a sanctuary for migrating birds and other wildlife. According to the U.S. Fish and Wildlife Service, birds are particularly susceptible to collisions with tall structures, with collision risk increasing as structures reach heights commonly used by birds during migration movements. H.B. 3556 seeks to mitigate the impact on wildlife, including birds, of construction of structures taller than 500 feet in certain counties near National Wildlife Refuges along the Gulf Coast. The bill requires advance notice of the construction of such structures to the Parks and Wildlife Department (TPWD) so TPWD can evaluate the structure's impact and seek judicial relief to limit or enjoin construction if TPWD determines that construction of the structure would materially damage wildlife in this state.
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. 3556 amends the Parks and Wildlife Code to require a person to provide notice to the Parks and Wildlife Department (TPWD) at least 90 days before beginning construction of a structure that is taller than 500 feet and located in a county that has a population of less than 500,000 and meets one of the following criteria:
·the county borders the Gulf of Mexico and contains a National Wildlife Refuge; or
·the county is adjacent to such a county.
The bill prohibits a person from constructing such a structure unless the person provides such notice and requires the notice to give sufficient detail of the structure for TPWD to reasonably evaluate its impact on wildlife.
H.B. 3556 authorizes TPWD, upon receiving such notice, to evaluate the proposed structure and, if TPWD determines that construction of the structure or structures would materially damage wildlife in Texas, to seek relief on or before the 90th day after notice is filed to limit or enjoin construction. The bill authorizes a person to proceed with construction if TPWD takes no action on or before that deadline. The bill authorizes a district court of a county in which the structure is proposed to be constructed to restrain and enjoin the person from constructing the structure and to grant injunctive relief on application of TPWD. The bill expressly does not require TPWD to post a bond when seeking injunctive relief under the bill's provisions.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
HB3556 introduces a mandatory regulatory negotiation process for developers of structures exceeding 575 feet in specific rural coastal counties. This legislation transforms voluntary wildlife consultation into a binding pre-construction requirement, forcing wind energy, telecommunications, and industrial developers to secure Texas Parks and Wildlife Department (TPWD) concurrence on migratory bird protections or face administrative litigation. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: November 30, 2025.
Q
Who authored HB3556?
HB3556 was authored by Texas Representative Cody Vasut during the Regular Session.
Q
When was HB3556 signed into law?
HB3556 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB3556?
HB3556 is enforced by Texas Parks and Wildlife Department (TPWD) and State Office of Administrative Hearings (SOAH).
Q
How urgent is compliance with HB3556?
The compliance urgency for HB3556 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3556?
The cost impact of HB3556 is estimated as "medium". This may vary based on industry and implementation requirements.
Q
What topics does HB3556 address?
HB3556 addresses topics including gulf of mexico, coastal affairs & beaches, parks & wildlife, parks & wildlife--parks and parks & wildlife department.
Legislative data provided by LegiScanLast updated: November 25, 2025
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