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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal and county regulation of certain wind and |
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solar power facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 247, Local Government |
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Code, as added by Chapter 19 (S.B. 1017), Acts of the 88th |
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Legislature, Regular Session, 2023, is amended to read as follows: |
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CHAPTER 247. REGULATION OF ALTERNATIVE ENERGY GENERATION, ENERGY |
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SOURCES, AND ENGINES |
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SECTION 2. Section 247.001, Local Government Code, as added |
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by Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended by adding Subdivisions (5) and (6) to read |
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as follows: |
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(5) "Solar power facility" has the meaning assigned by |
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Section 302.0001, Utilities Code. |
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(6) "Wind power facility" has the meaning assigned by |
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Section 301.0001, Utilities Code. |
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SECTION 3. Chapter 247, Local Government Code, as added by |
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Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended by adding Section 247.004 to read as |
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follows: |
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Sec. 247.004. REGULATION OF WIND AND SOLAR POWER |
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FACILITIES. (a) This section applies only to a wind or solar power |
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facility intended to be used to sell at wholesale energy or |
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ancillary services. |
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(b) A municipality by ordinance and a county by order shall |
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prohibit the installation of a wind or solar power facility within |
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500 yards of real property owned by a person other than the owner or |
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operator of the proposed facility unless the owner or operator of |
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the proposed facility obtains written consent from each owner of |
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the real property. |
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(c) For the purposes of this section, the measurement of |
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distance between a wind or solar power facility and a property line |
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shall be taken from the point on the structure that is nearest to |
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the nearest point on the property line. |
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(d) A county may not regulate under Subsection (b) the |
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installation of a wind or solar power facility within the corporate |
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boundaries of a municipality. |
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SECTION 4. Not later than October 1, 2025, a municipality by |
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ordinance and a county by order shall adopt a prohibition on the |
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installation of a wind or solar power facility as required by |
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Section 247.004, Local Government Code, as added by this Act. The |
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ordinance or order may not require the removal of a wind or solar |
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power facility the installation of which began before the effective |
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date of the ordinance or order. |
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SECTION 5. It is the intent of the 89th Legislature, Regular |
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Session, 2025, that the amendments made by this Act to Chapter 247, |
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Local Government Code, be harmonized with another Act of the 89th |
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Legislature, Regular Session, 2025, relating to nonsubstantive |
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additions to and corrections in enacted codes. |
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SECTION 6. This Act takes effect September 1, 2025. |