| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the powers and duties of the Parks and Wildlife |
|
|
Department regarding wind-powered energy devices; providing a |
|
|
civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 2, Parks and Wildlife Code, is amended by |
|
|
adding Chapter 15 to read as follows: |
|
|
CHAPTER 15. POWERS AND DUTIES RELATING TO WIND-POWERED ENERGY |
|
|
DEVICES |
|
|
Sec. 15.0101. DEFINITIONS. In this chapter: |
|
|
(1) "Protected lands" means state or federal parks or |
|
|
recreational areas with environmental, recreational, historical, |
|
|
aesthetic, ecological, or cultural value. |
|
|
(2) "Wind-powered energy device" means an apparatus |
|
|
designed or adapted to: |
|
|
(A) convert the energy available in the wind into |
|
|
thermal, mechanical, or electrical energy; |
|
|
(B) store the energy converted under Paragraph |
|
|
(A), either in the form to which originally converted or another |
|
|
form; or |
|
|
(C) distribute the energy converted under |
|
|
Paragraph (A). |
|
|
Sec. 15.0102. PURPOSE. The purpose of this chapter is to |
|
|
enable the department to manage the potential effects of |
|
|
wind-powered energy devices on protected lands so that the natural |
|
|
and cultural values of protected lands continue for the benefit of |
|
|
present and future generations. |
|
|
Sec. 15.0103. APPLICABILITY. This chapter applies only in |
|
|
a county: |
|
|
(1) in which all or part of the Devils River State |
|
|
Natural Area is located; or |
|
|
(2) adjacent to a county described by Subdivision (1). |
|
|
Sec. 15.0104. DESIGNATION OF CONSTRUCTION AREAS. (a) The |
|
|
commission may adopt rules that designate locations where the |
|
|
installation of a wind-powered energy device in an area to which |
|
|
this chapter applies is not authorized. |
|
|
(b) In adopting rules under Subsection (a), the commission |
|
|
shall consider: |
|
|
(1) the protection of natural resources, including the |
|
|
avoidance of visual or acoustic impacts near a national |
|
|
recreational area, state natural area, park, lake, or river; |
|
|
(2) the protection of public health and safety; |
|
|
(3) the enjoyment of protected lands; and |
|
|
(4) other factors the commission determines are |
|
|
necessary to achieve the purpose of this chapter. |
|
|
(c) A rule adopted under Subsection (a) may not apply to a |
|
|
wind-powered energy device installed before the effective date of |
|
|
the Act enacting this section. |
|
|
Sec. 15.0105. ENFORCEMENT. (a) A person who violates a |
|
|
rule adopted under Section 15.0104 is subject to a civil penalty of |
|
|
not less than $100 or more than $10,000 for each violation and for |
|
|
each day of violation. |
|
|
(b) If a person has violated, is violating, or is |
|
|
threatening to violate a rule adopted under Section 15.0104, the |
|
|
department may bring suit: |
|
|
(1) for injunctive relief to restrain the person from |
|
|
continuing the violation or threat of violation; and |
|
|
(2) to recover the civil penalty under Subsection (a). |
|
|
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, 2021. |