Bill Text: TX HB3518 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the powers and duties of the Parks and Wildlife Department relating to certain energy infrastructure; providing a civil penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to Culture, Recreation & Tourism [HB3518 Detail]

Download: Texas-2023-HB3518-Introduced.html
  88R14658 BEE-D
 
  By: Rogers H.B. No. 3518
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of the Parks and Wildlife
  Department relating to certain energy infrastructure; providing a
  civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Parks and Wildlife Code, is amended by
  adding Chapter 15 to read as follows:
  CHAPTER 15. POWERS AND DUTIES RELATING TO CERTAIN ENERGY
  INFRASTRUCTURE
         Sec. 15.0101.  DEFINITIONS. In this chapter:
               (1)  "Energy infrastructure" means equipment and
  facilities used to produce oil and gas or solar or wind energy. The
  term includes solar panels, wind turbines, and oil and gas wells and
  pumps.
               (2)  "Scenic riverway" means a water quality protection
  area to which Subchapter M, Chapter 26, Water Code, applies.
               (3)  "State park" means a park under the control and
  custody of the department as described by Section 13.001(a).
         Sec. 15.0102.  PURPOSE. The purpose of this chapter is to
  enable the department to manage the potential effects of energy
  infrastructure on scenic riverways and state parks so that the
  natural value of those lands continues for the benefit of present
  and future generations.
         Sec. 15.0103.  PERMIT REQUIRED FOR CERTAIN ENERGY
  INFRASTRUCTURE. (a) A person may not construct or install energy
  infrastructure at a location closer than 10 miles to a boundary of a
  scenic riverway or state park unless the person holds a permit
  issued by the department under this section.
         (b)  In considering an application for a permit under this
  section, the department shall consider the impact of the energy
  infrastructure on the natural value of a scenic riverway or state
  park.
         (c)  The department may deny an application for a permit
  under this section if the department determines that the energy
  infrastructure will:
               (1)  produce:
                     (A)  light visible from any point on a scenic
  riverway or in a state park; or
                     (B)  sound that exceeds 40 decibels when measured
  from any point on a scenic riverway or in a state park; or
               (2)  obstruct or intrude on views from any point on a
  scenic riverway or in a state park.
         Sec. 15.0104.  RULES. The commission shall adopt rules to
  implement this chapter, including rules establishing application
  procedures and fees for a permit required by Section 15.0103(a).
         Sec. 15.0105.  ENFORCEMENT. (a) A person who violates
  Section 15.0103(a) is subject to a civil penalty of not less than
  $100 or more than $10,000 for each violation and for each day of
  violation.
         (b)  If a person has violated, is violating, or is
  threatening to violate Section 15.0103(a), the department may bring
  suit:
               (1)  for injunctive relief to restrain the person from
  continuing the violation or threat of violation; and
               (2)  to recover the civil penalty under Subsection (a).
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
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