Bill Text: TX HB4554 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the parks and wildlife commission's authority to designate wind-powered energy device construction areas near certain lands.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB4554 Detail]
Download: Texas-2019-HB4554-Introduced.html
By: Cyrier | H.B. No. 4554 |
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relating to the parks and wildlife commission's authority to | ||
designate wind-powered energy device construction areas near | ||
certain lands. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 13, Parks and Wildlife Code, is amended | ||
by adding Subchapter E to read as follows: | ||
SUBCHAPTER E. WIND-POWERED ENERGY DEVICES | ||
Sec. 13.400. DEFINITIONS. In this subchapter: | ||
(1) "Wind-powered energy device" means an apparatus | ||
designed or adapted to convert the energy available in the wind into | ||
thermal, mechanical, or electrical energy; to store the converted | ||
energy, either in the form to which originally converted or another | ||
form; or to distribute the converted energy. | ||
(2) "Protected lands" means state or federal parks or | ||
recreational areas with environmental, recreational, historical, | ||
aesthetic, ecological, or cultural value. | ||
(3) "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. | ||
13.401. PURPOSE. The purpose of this subchapter is to | ||
enable the commission to manage the potential effects of | ||
wind-powered energy devices on protected lands so that the natural | ||
and cultural values of protected lands continue for the benefit of | ||
present and future generations. | ||
Sec. 13.402. APPLICABILITY. This subchapter applies only | ||
to protected lands that are located in a county: | ||
(1) with between 45,000 and 55,000 in population; | ||
(2) with a military aviation facility that trains military | ||
personnel to pilot aircraft; and | ||
(3) containing lands acquired by the department in 2010. | ||
Sec. 13.403. DESIGNATION OF CONSTRUCTION AREAS. (a) | ||
Within a county to which this subchapter applies, the commission | ||
may adopt rules to establish locations where installation of a | ||
wind-powered energy device is not authorized. | ||
(b) Rules adopted by the commission under this section shall | ||
consider: | ||
(1) protection of natural resources, including | ||
avoidance of visual or acoustic impacts near a national | ||
recreational area, state natural area, park, lake, or river; | ||
(2) protection of public health, safety, and enjoyment | ||
of protected lands; and | ||
(3) other factors that the commission considers to be | ||
necessary to achieve the purpose of this subchapter. | ||
(c) A rule adopted under this section shall not apply to a | ||
wind-powered energy device installed before the effective date of | ||
this section. | ||
Sec. 13.404. ENFORCEMENT. | ||
(a) A person who violates a rule adopted under this | ||
subchapter is subject to a civil penalty of not less than $100 or | ||
more than $10,000 for each act of violation and for each day of | ||
violation, to be recovered as provided in this subchapter. | ||
(b) If a person has violated, is violating, or is | ||
threatening to violate a rule under this subchapter, the director | ||
may bring suit to restrain the person from continuing the violation | ||
or threat of violation, or to recover the civil penalty under this | ||
section, or for any appropriate combination of these remedies. | ||
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, 2019. |