|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the parks and wildlife commission's authority to |
|
designate wind-powered energy device construction areas near |
|
certain lands. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 13, Parks and Wildlife Code, is amended |
|
by adding Subchapter E to read as follows: |
|
SUBCHAPTER E. WIND-POWERED ENERGY DEVICES |
|
Sec. 13.400. DEFINITIONS. In this subchapter: |
|
(1) "Wind-powered energy device" means an apparatus |
|
designed or adapted to convert the energy available in the wind into |
|
thermal, mechanical, or electrical energy; to store the converted |
|
energy, either in the form to which originally converted or another |
|
form; or to distribute the converted energy. |
|
(2) "Protected lands" means state or federal parks or |
|
recreational areas with environmental, recreational, historical, |
|
aesthetic, ecological, or cultural value. |
|
(3) "Military aviation facility" means a base, |
|
station, fort or camp at which fixed-wing aviation operations or |
|
training is conducted by the United States Air Force. |
|
13.401. PURPOSE. The purpose of this subchapter is to |
|
enable the commission 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. 13.402. APPLICABILITY. This subchapter applies only |
|
to protected lands that are located in a county: |
|
(1) with between 45,000 and 55,000 in population; |
|
(2) with a military aviation facility that trains military |
|
personnel to pilot aircraft; and |
|
(3) containing lands acquired by the department in 2010. |
|
Sec. 13.403. DESIGNATION OF CONSTRUCTION AREAS. (a) |
|
Within a county to which this subchapter applies, the commission |
|
may adopt rules to establish locations where installation of a |
|
wind-powered energy device is not authorized. |
|
(b) Rules adopted by the commission under this section shall |
|
consider: |
|
(1) protection of natural resources, including |
|
avoidance of visual or acoustic impacts near a national |
|
recreational area, state natural area, park, lake, or river; |
|
(2) protection of public health, safety, and enjoyment |
|
of protected lands; and |
|
(3) other factors that the commission considers to be |
|
necessary to achieve the purpose of this subchapter. |
|
(c) A rule adopted under this section shall not apply to a |
|
wind-powered energy device installed before the effective date of |
|
this section. |
|
Sec. 13.404. ENFORCEMENT. |
|
(a) A person who violates a rule adopted under this |
|
subchapter is subject to a civil penalty of not less than $100 or |
|
more than $10,000 for each act of violation and for each day of |
|
violation, to be recovered as provided in this subchapter. |
|
(b) If a person has violated, is violating, or is |
|
threatening to violate a rule under this subchapter, the director |
|
may bring suit to restrain the person from continuing the violation |
|
or threat of violation, or to recover the civil penalty under this |
|
section, or for any appropriate combination of these remedies. |
|
|
|
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, 2019. |