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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB1121

Regular Session

Relating to excepting certain communication facilities from certain notice requirements for projects on state or local public land.

Government Affairs & Regulatory Compliance Analysis

SB1121: Government Affairs Overview

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.

Sen. Robert Nichols·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

Texas Historical Commission

Business Impact

Who SB1121 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: moderate

Notable regulatory updates (effective 2025-09-01). Consider how these changes may affect your operations.

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Technology

Affected business types:

  • Data centers
  • Technology companies
  • Software developers
  • Telecommunications providers
View all technology legislation

Key Operational Considerations

  • 1Project Management Training: Train project managers and field supervisors on the "Triage Protocol":

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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SB1121
Moderate
Relating to excepting certain communication facilities from certain notice requirements for projects on state or local public land.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Texas Historical Commission
Primary Author: Sen. Robert Nichols
89th Texas Legislature
jdkey.com
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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JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

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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.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 5, 2025
Passed Senate
Mar 24, 2025
Passed House
May 23, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsCity GovernmentCity Government--land Use & ZoningMines & Mineral ResourcesOil & GasUtilitiesUtilities--telecommunications
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Senate Authors

Sen. Robert NicholsRepublican · Primary Author
Coauthors (1)

House Sponsor

Rep. William MetcalfRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Robert Nichols

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Quick Reference

Frequently Asked Questions

Common questions about SB1121

Q

What does Texas SB1121 do?

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.

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 significant are the changes in SB1121?

The regulatory priority for SB1121 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

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.

Q

What are the key dates for SB1121?

Key dates for SB1121: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

Which Texas businesses are affected by SB1121?

SB1121 primarily affects utility companies and energy providers, telecommunications providers. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026