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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to regulate the |
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location of wind energy electric generating facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 234, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. REGULATION OF WIND ENERGY ELECTRIC GENERATING |
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FACILITIES |
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Sec. 234.061. SCOPE OF REGULATORY AUTHORITY. (a) The |
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commissioners court of a county to which this subchapter applies by |
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order may regulate the construction of wind energy electric |
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generating facilities in the unincorporated area of the county by: |
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(1) prohibiting the location of a facility in all or |
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part of the county; |
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(2) restricting the location of a facility by |
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requiring a buffer zone so that the facility is located at least: |
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(A) one mile from a habitable structure; |
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(B) one-half mile from property lines; and |
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(C) 10 miles from a federal or state natural area |
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or park; or |
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(3) restricting the location of a facility within the |
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county by establishing other requirements. |
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(b) Subsection (a) does not authorize a county to adopt |
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zoning regulations. |
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Sec. 234.062. APPLICATION OF REGULATORY AUTHORITY. This |
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subchapter applies only to a county through which the Pedernales |
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River flows and that has a population of at least 20,000 but fewer |
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than 80,000. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |