Relating to excepting certain communication facilities from certain notice requirements for projects on state or local public land.
ModeratePlan for compliance
Low Cost
Effective:2025-09-01
Enforcing Agencies
Texas Historical Commission
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025 (Pending final vote count; assume this date for planning).
Compliance Deadline: September 1, 2025. You must update internal project checklists by this date to stop unnecessary filings.
Agency Rulemaking: The THC may update Texas Administrative Code Chapter 26 to align with this statute. Watch for proposed rules between May and August 2025 regarding definitions of "minor modification" and specific facility types.
Immediate Action Plan
1.Audit Pending Projects: Identify all projects scheduled to break ground after September 1, 2025. If they fit the criteria, halt preparation of THC notice packets.
2.Update Permitting Checklists: Modify your "Pre-Construction Regulatory Matrix" to include the SB1121 exclusion logic gate.
3.Renegotiate Vendor Pricing: Contact permitting vendors immediately to adjust pricing models for ROW-based projects, removing costs associated with Antiquities Code compliance.
4.Establish "Stop-Work" Protocols: Ensure field crews understand that deregulation of *notice* does not equal deregulation of *discovery*.
Operational Changes Required
Contracts
Vendor SOWs: Review Statements of Work with engineering and permitting firms. Remove line items for "THC Coordination" or "Antiquities Code Review" for projects located strictly within road ROWs. Do not pay for regulatory clearance that is no longer required.
Indemnification: Amend construction contracts to strictly define the "Work Area" as the legal ROW. Shift liability to the contractor if they encroach on private easements or public land outside the ROW, which would re-trigger the notice requirement.
Hiring/Training
Project Management Training: Train project managers and field supervisors on the "Triage Protocol":
1. Is it a communication facility?
2. Is it buried?
3. Is it 100% in the road ROW?
If Yes to all: No THC Notice required.
Inadvertent Discovery: Reinforce training that this exclusion applies only to *pre-project notice*. Crews must still stop work immediately if archeological deposits or human remains are discovered during trenching.
Reporting & Record-Keeping
Internal Documentation: Replace the THC submission receipt with an internal "Exemption Memo" for the project file. This memo must cite *Texas Natural Resources Code Sec. 191.0525(e)(16)* as the authority for bypassing the review.
GIS Verification: Maintain precise GIS data proving the excavation path remained within the ROW boundaries to defend against potential future claims of unpermitted site disturbance.
Fees & Costs
Budget Impact: Positive. Expect a reduction in soft costs (permitting fees and consultant hours) and accelerated project start times.
Strategic Ambiguities & Considerations
"Minor Modification": The statute exempts "minor modification" of existing facilities but does not define "minor." Until the THC issues a definition, interpret this conservatively. Replacing a cable in an existing conduit is clearly minor; widening a trench significantly to add a large duct bank may not be.
"Communication Facilities": While the text specifies "buried communication facilities," it is unclear if this extends to large, at-grade concrete vaults or substantial handholes that accompany the lines. If a vault requires deep excavation exceeding standard trench depth, the THC may argue it falls outside the exclusion.
ROW Definition: The exclusion applies to the *legal* ROW, not just the paved surface. However, "prescriptive" ROWs (common in rural areas) are legally complex. If the ROW boundary is vague, the safest operational choice is to file the notice or secure a survey.
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S.B. 1121 removes unnecessary red tape hindering the deployment of broadband. This bill would add buried fiber broadband projects located in the right-of-way of a road to an existing list of infrastructure projects exempt from conducting an archeological study. These broadband projects are going in areas where the land has already been disturbed by road construction and have little, if any, chance to damage archeological sites. However, broadband providers have been required to conduct archeological studies in these areas which can delay the project for months at a time and cost thousands of dollars. That time and those funds would be better spent deploying broadband to communities more quickly and efficiently. If something of historical value is found, providers are still required to notify the Historical Commission and cease work on the project immediately until the commission determines whether more action is necessary.
As proposed, S.B. 1121 amends current law relating to excepting certain fiber-optic cable projects from certain notice requirements for projects on state or local public land.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
�SECTION 1. Amends Section 191.0525(e), Natural Resources Code, as follows:
(e) Includes the installation, maintenance, operation, replacement, or minor modification of buried fiber-optic cables located in the right-of-way of an existing road among the activities conducted on nonfederal public land that have little, if any, chance to damage archeological sites which are categorically excluded from certain notification requirements. Makes nonsubstantive changes.
SECTION 2. Effective date: upon passage or September 1, 2025.
Honorable Robert Nichols, Chair, Senate Committee on Transportation
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1121 by Nichols (Relating to excepting certain fiber-optic cable projects from certain notice requirements for projects on state or local public land.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
808 Historical Commission
LBB Staff:
JMc, AAL, LCO, JKe
Related Legislation
Explore more bills from this author and on related topics
SB1121 eliminates the statutory requirement to notify the Texas Historical Commission (THC) prior to installing, maintaining, or replacing buried communication facilities, provided the work occurs entirely within the right-of-way (ROW) of an existing road. This legislation creates a categorical exclusion for telecom and utility providers, effectively removing the pre-construction archeological review bottleneck for standard ROW deployment projects. Implementation Timeline Effective Date: September 1, 2025 (Pending final vote count; assume this date for planning).
Q
Who authored SB1121?
SB1121 was authored by Texas Senator Robert Nichols during the Regular Session.
Q
When was SB1121 signed into law?
SB1121 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce SB1121?
SB1121 is enforced by Texas Historical Commission.
Q
How urgent is compliance with SB1121?
The compliance urgency for SB1121 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1121?
The cost impact of SB1121 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB1121 address?
SB1121 addresses topics including city government, city government--land use & zoning, mines & mineral resources, oil & gas and utilities.
Legislative data provided by LegiScanLast updated: November 25, 2025
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