87R1865 BEE-F
 
  By: Cyrier H.B. No. 783
 
 
 
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.