bill exempting roadside fiber-optic work from archeological notice

The text as introduced · 435 words

89R8817 CXP-F

By: Metcalf
H.B. No. 4055

A BILL TO BE ENTITLED

AN ACT

relating to excepting certain fiber-optic cable projects from

certain notice requirements for projects on state or local public

land.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 191.0525(e), Natural Resources Code, is

amended to read as follows:

(e) There exist categorical exclusions since many

activities conducted on nonfederal public land have little, if any,

chance to damage archeological sites, and therefore should not

require notification under this section. The following are

categorical exclusions at a minimum:

(1) water injection into existing oil and gas wells;

(2) upgrading of electrical transmission lines when

there will be no new disturbance of the existing easement;

(3) seismic exploration activity when there is no

ground penetration or disturbance;

(4) building and repairing fences that do not require

construction or modification of associated roads, fire breaks, or

previously disturbed ground;

(5) road maintenance that does not involve widening or

lengthening the road;

(6) installation or replacement of meter taps;

(7) controlled burning of fields;

(8) animal grazing;

(9) plowing, if the techniques are similar to those

used previously;

(10) installation of monuments and sign posts unless

within the boundaries of designated historic districts;

(11) maintenance of existing trails;

(12) land sales and trades of land held by the

permanent school fund and permanent university fund;

(13) permanent school fund and permanent university

fund leases, easements, and permits, including mineral leases and

pooling agreements, in which the lessee, grantee, or permittee is

specifically required to comply with the provisions of this

chapter;

(14) oil, gas, or other mineral exploration,

production, processing, marketing, refining, or transportation

facility or pipeline project in an area where the project will cross

state or local public roads, rivers, and streams, unless they

contain a recorded archeological site or a designated state land

tract in Texas' submerged lands;

(15) maintenance, operation, replacement, or minor

modification of an existing oil, gas, or other mineral exploration,

production, processing, marketing, refining, or transportation

facility or pipeline; [ and ]

(16) installation, maintenance, operation,

replacement, or minor modification of buried fiber-optic cables

located in the right-of-way of an existing road; and

(17) any project for which a state permit application

has been made prior to promulgation of rules under this section.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.