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HB2898

Regular Session

Relating to requirements for certain meteorological evaluation towers.

Critical
Low Cost
Effective:2025-06-20
HB2898
Relating to requirements for certain meteorological evaluation towers.
Critical Urgency
Passed with Opposition
House Vote129 - 8
YEA
94% in favor137 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
8
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
Texas Department of Transportation
Primary Author: Rep. James Frank
89th Texas Legislature
jdkey.com
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.

Need Help Understanding Implementation?

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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.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 18, 2025
Passed House
May 2, 2025
Passed Senate
May 22, 2025
Signed
Jun 20, 2025
TopicsMilitary & VeteransTransportationTransportation--aviationTransportation, Texas Department of
03

House Authors

Rep. James FrankRepublican · Primary Author

Senate Sponsor

Sen. Brent HagenbuchRepublican · 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 Rep. James Frank

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB2898

Q

What does Texas HB2898 do?

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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