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A BILL TO BE ENTITLED
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AN ACT
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relating to voter approval of a project to construct or install a |
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wind power, solar power, or energy storage facility in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 240, Local Government |
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Code, is amended by adding Section 240.911 to read as follows: |
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Sec. 240.911. VOTER APPROVAL OF WIND POWER, SOLAR POWER, OR |
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ENERGY STORAGE FACILITY. (a) In this section: |
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(1) "Ancillary services" has the meaning assigned by |
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Section 35.004, Utilities Code. |
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(2) "Solar power facility" has the meaning assigned by |
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Section 302.0001, Utilities Code. |
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(3) "Wind power facility" has the meaning assigned by |
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Section 301.0001, Utilities Code. |
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(b) This section applies only to a wind power, solar power, |
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or energy storage facility that is: |
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(1) proposed to be located in a county with a |
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population of more than 10,000; and |
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(2) intended to be used to sell at wholesale energy or |
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ancillary services. |
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(c) A person may not construct or install a wind power, |
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solar power, or energy storage facility unless the construction or |
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installation is approved by a majority of the voters voting at an |
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election held in the county in which the facility is proposed to be |
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constructed or installed. |
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(d) On the written request of a person proposing to |
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construct or install a wind power, solar power, or energy storage |
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facility, the commissioners court of the county in which the |
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facility is proposed to be constructed or installed may order an |
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election on the question of whether to approve the construction or |
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installation of the facility. The election order must: |
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(1) include a description of the facility; and |
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(2) allow voters to vote separately on each proposed |
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facility if there is more than one facility on the ballot. |
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(e) The commissioners court of a county by order may |
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regulate the construction, installation, and operation of a wind |
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power, solar power, or energy storage facility only if: |
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(1) the voters of the county have approved the |
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construction or installation of the facility as required by this |
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section; or |
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(2) the facility was constructed or installed before |
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September 1, 2025. |
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SECTION 2. This Act takes effect September 1, 2025. |