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A BILL TO BE ENTITLED
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AN ACT
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relating to location requirements for the construction of certain |
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wind-powered energy devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Utilities Code, is amended by adding |
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Chapter 302 to read as follows: |
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CHAPTER 302. WIND TURBINE SITING |
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Sec. 302.0001. SITING. (a) A person may not construct at a |
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site a wind turbine for electric generation unless the site |
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complies with the minimum setback requirements provided by this |
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section. |
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(b) The minimum setback for a wind turbine is 3,000 feet |
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measured from the property line of each property that borders the |
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property on which the site is located. |
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(c) The setback distance described by Subsection (b) must be |
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measured as a straight line from the vertical centerline of the |
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proposed wind turbine to the nearest point on the property line. |
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(d) This section does not create an offense. |
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Sec. 302.0002. SITING WAIVER. (a) A person may begin |
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construction of a wind turbine at a site that does not comply with |
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the requirements of Section 302.0001 if the person obtains a |
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signed, written waiver from the owner of the property that is the |
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source of the noncompliance. |
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(b) A waiver may not be made effective for a period of more |
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than one year after the date the owner signs the waiver. A waiver |
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may be retroactive for any period of time. |
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Sec. 302.0003. INJUNCTION. (a) A county or district court |
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by injunction may prevent, restrain, abate, or otherwise remedy a |
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violation of this chapter. |
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(b) A person affected or who may be affected by a violation |
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or threatened violation of this chapter may bring suit under |
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Subsection (a). |
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SECTION 2. Chapter 240, Local Government Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. WIND-POWERED ENERGY DEVICES |
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Sec. 240.101. DEFINITIONS. In this subchapter: |
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(1) "Military aviation facility" means a base, |
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station, fort, or camp at which fixed-wing aviation operations or |
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training is conducted by the United States Air Force, the United |
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States Air Force Reserve, the United States Army, the United States |
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Army Reserve, the United States Navy, the United States Navy |
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Reserve, the United States Marine Corps, the United States Marine |
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Corps Reserve, the United States Coast Guard, the United States |
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Coast Guard Reserve, or the Texas National Guard. |
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(2) "Wind-powered energy device" means an apparatus |
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designed or adapted to: |
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(A) convert the energy available in the wind into |
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thermal, mechanical, or electrical energy; |
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(B) store the energy converted under Paragraph |
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(A), either in the form to which originally converted or another |
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form; or |
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(C) distribute the energy converted under |
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Paragraph (A). |
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Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a county: |
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(1) that is located adjacent to an international |
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border; and |
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(2) in which a military aviation facility that trains |
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military personnel to pilot aircraft and a national recreation area |
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are located. |
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Sec. 240.103. DESIGNATION OF CONSTRUCTION AREAS. (a) The |
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commissioners court of a county by order may, in collaboration with |
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the military aviation facility located in the county: |
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(1) designate one or more appropriate locations for a |
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person to install a wind-powered energy device in the |
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unincorporated area of the county in accordance with this section; |
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and |
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(2) prohibit the installation of a wind-powered energy |
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device in the county in an area other than a designated area. |
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(b) An order under Subsection (a) may not apply to a |
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wind-powered energy device installed before the effective date of |
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the order. |
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(c) Areas designated by a county under Subsection (a) must |
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maintain compatibility with the activities of the military aviation |
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facility. |
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SECTION 3. Chapter 302, Utilities Code, as added by this |
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Act, applies only to a wind turbine the construction of which begins |
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on or after the effective date of this Act. Construction of a wind |
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turbine that began before the effective date of this Act is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |