Bill Text: TX HB4368 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the designation of wind-powered energy device construction areas by certain counties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-25 - Referred to State Affairs [HB4368 Detail]
Download: Texas-2019-HB4368-Introduced.html
86R12509 SCL-F | ||
By: Martinez Fischer | H.B. No. 4368 |
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relating to the designation of wind-powered energy device | ||
construction areas by certain counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 240, Local Government Code, is amended | ||
by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. WIND-POWERED ENERGY DEVICES | ||
Sec. 240.101. DEFINITIONS. In this subchapter: | ||
(1) "Military aviation facility" means a base, | ||
station, fort, or camp at which fixed-wing aviation operations or | ||
training is conducted by the United States Air Force, the United | ||
States Air Force Reserve, the United States Army, the United States | ||
Army Reserve, the United States Navy, the United States Navy | ||
Reserve, the United States Marine Corps, the United States Marine | ||
Corps Reserve, the United States Coast Guard, the United States | ||
Coast Guard Reserve, or the Texas National Guard. | ||
(2) "Wind-powered energy device" means an apparatus | ||
designed or adapted to: | ||
(A) convert the energy available in the wind into | ||
thermal, mechanical, or electrical energy; | ||
(B) store the energy converted under Paragraph | ||
(A), either in the form to which originally converted or another | ||
form; or | ||
(C) distribute the energy converted under | ||
Paragraph (A). | ||
Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies only to a county in which a military aviation facility that | ||
trains military personnel to pilot aircraft is located. | ||
Sec. 240.103. DESIGNATION OF CONSTRUCTION AREAS. (a) The | ||
commissioners court of a county by order may, in collaboration with | ||
the military aviation facility located in the county: | ||
(1) designate one or more appropriate locations for a | ||
person to install a wind-powered energy device in the | ||
unincorporated area of the county in accordance with this section; | ||
and | ||
(2) prohibit the installation of a wind-powered energy | ||
device in the county in an area other than a designated area. | ||
(b) An order under Subsection (a) may not apply to a | ||
wind-powered energy device installed before the effective date of | ||
the order. | ||
(c) Areas designated by a county under Subsection (a) must: | ||
(1) maintain compatibility with the activities of the | ||
military aviation facility; and | ||
(2) if practicable, constitute in total at least 40 | ||
percent of the county's total area. | ||
SECTION 2. This Act takes effect September 1, 2019. |