87R1278 MP-F
 
  By: Gutierrez S.B. No. 595
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the designation of wind-powered energy device
  construction areas by certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 240, Local Government Code, is amended
  by adding Subchapter F to read as follows:
  SUBCHAPTER F. WIND-POWERED ENERGY DEVICES
         Sec. 240.101.  DEFINITIONS. In this subchapter:
               (1)  "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, the United
  States Air Force Reserve, the United States Army, the United States
  Army Reserve, the United States Navy, the United States Navy
  Reserve, the United States Marine Corps, the United States Marine
  Corps Reserve, the United States Coast Guard, the United States
  Coast Guard Reserve, or the Texas National Guard.
               (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. 240.102.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to a county:
               (1)  that is located adjacent to an international
  border; and
               (2)  in which a military aviation facility that trains
  military personnel to pilot aircraft and a national recreation area
  are located.
         Sec. 240.103.  DESIGNATION OF CONSTRUCTION AREAS. (a) The
  commissioners court of a county by order may, in collaboration with
  the military aviation facility located in the county:
               (1)  designate one or more appropriate locations for a
  person to install a wind-powered energy device in the
  unincorporated area of the county in accordance with this section;
  and
               (2)  prohibit the installation of a wind-powered energy
  device in the county in an area other than a designated area.
         (b)  An order under Subsection (a) may not apply to a
  wind-powered energy device installed before the effective date of
  the order.
         (c)  Areas designated by a county under Subsection (a) must
  maintain compatibility with the activities of the military aviation
  facility.
         SECTION 2.  This Act takes effect September 1, 2021.