| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of certain counties to regulate the |
|
|
location of wind energy electric generating facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 234, Local Government Code, is amended |
|
|
by adding Subchapter C to read as follows: |
|
|
SUBCHAPTER C. REGULATION OF WIND ENERGY ELECTRIC GENERATING |
|
|
FACILITIES |
|
|
Sec. 234.061. SCOPE OF REGULATORY AUTHORITY. (a) The |
|
|
commissioners court of a county to which this subchapter applies by |
|
|
order may regulate the construction of wind energy electric |
|
|
generating facilities in the unincorporated area of the county by: |
|
|
(1) prohibiting the location of a facility in all or |
|
|
part of the county; |
|
|
(2) restricting the location of a facility by |
|
|
requiring a buffer zone so that the facility is located at least: |
|
|
(A) one mile from a habitable structure; |
|
|
(B) one-half mile from property lines; and |
|
|
(C) 10 miles from a federal or state natural area |
|
|
or park; or |
|
|
(3) restricting the location of a facility within the |
|
|
county by establishing other requirements. |
|
|
(b) Subsection (a) does not authorize a county to adopt |
|
|
zoning regulations. |
|
|
Sec. 234.062. APPLICATION OF REGULATORY AUTHORITY. This |
|
|
subchapter applies only to a county through which the Brazos River |
|
|
flows and that has a population of at least 25,000 but fewer than |
|
|
40,000. |
|
|
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, 2009. |