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A BILL TO BE ENTITLED
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AN ACT
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relating to the exercise of the power of eminent domain to acquire |
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property for wind power facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2206, Government Code, is |
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amended by adding Section 2206.003 to read as follows: |
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Sec. 2206.003. USE OF EMINENT DOMAIN FOR WIND POWER |
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PROHIBITED. Notwithstanding any other law, a governmental or |
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private entity may not take private property through the use of |
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eminent domain for the purpose of developing or operating a wind |
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power facility, as defined by Section 301.0001, Utilities Code. |
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SECTION 2. Section 2206.003, Government Code, as added by |
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this Act, applies to the acquisition of real property in connection |
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with an initial offer made under Chapter 21, Property Code, on or |
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after the effective date of this Act. The acquisition of real |
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property in connection with an initial offer made under Chapter 21, |
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Property Code, before the effective date of this Act is governed by |
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the law applicable to the acquisition immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |