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A BILL TO BE ENTITLED
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AN ACT
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relating to the construction of a meteorological tower near a |
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federally owned or operated radar installation or military |
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installation; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Utilities Code, is amended by adding |
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Chapter 303 to read as follows: |
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CHAPTER 303. METEOROLOGICAL TOWERS |
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Sec. 303.0001. DEFINITION. In this chapter, "commission" |
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means the Public Utility Commission of Texas. |
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Sec. 303.0002. NOTIFICATION REQUIRED FOR CERTAIN |
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METEOROLOGICAL TOWERS. (a) This section applies only to a |
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meteorological tower that: |
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(1) is located: |
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(A) on dry land in this state; and |
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(B) within 50 nautical miles of the boundaries of |
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a federally owned or operated radar installation or military |
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installation in this state; |
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(2) extends 200 feet or higher above ground level; and |
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(3) is constructed for the purpose of conducting a |
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wind study to determine if an area is suitable for wind-powered |
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electric generation. |
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(b) A person constructing a meteorological tower described |
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by Subsection (a) shall provide written notice to the commission of |
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the construction not later than the date that construction begins |
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on the tower. |
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(c) The notice required under Subsection (b) must include: |
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(1) the name of the person constructing the |
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meteorological tower; |
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(2) the location of the tower; and |
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(3) the name and location of each federally owned or |
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operated radar installation or military installation in this state |
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whose boundaries are within 50 nautical miles of the tower. |
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(d) Not later than 30 days after the date the commission |
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receives notice of the construction of a meteorological tower under |
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Subsection (b), the commission shall provide a copy of the notice |
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to: |
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(1) a federally owned or operated radar installation |
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or military installation in this state whose boundaries are within |
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50 nautical miles of the tower; |
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(2) the county judge of each county in this state that |
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contains a radar or military installation described by Subdivision |
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(1); and |
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(3) the county judge of each county in this state that |
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borders a county described by Subdivision (2). |
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(e) The commission and attorney general may enforce the |
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provisions of this section and rules adopted under this section in |
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the manner authorized for the judicial or administrative |
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enforcement of a provision of Title 2 by Subchapter B, Chapter 15, |
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including by imposing administrative penalties. |
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SECTION 2. This Act applies only to a person who begins |
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construction of a meteorological tower on or after the effective |
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date of this Act. A person who begins construction of a |
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meteorological tower before the effective date of this Act is |
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governed by the law in effect on the date construction began, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |