Bill Text: TX HB783 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the powers and duties of the Parks and Wildlife Department regarding wind-powered energy devices; providing a civil penalty.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2021-05-17 - Referred to Local Government [HB783 Detail]
Download: Texas-2021-HB783-Comm_Sub.html
| 87R1865 BEE-F | ||
| By: Cyrier, Morales of Maverick, Bonnen, | H.B. No. 783 | |
| Parker, Larson | ||
|
|
||
|
|
||
| relating to the powers and duties of the Parks and Wildlife | ||
| Department regarding wind-powered energy devices; 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 WIND-POWERED ENERGY | ||
| DEVICES | ||
| Sec. 15.0101. DEFINITIONS. In this chapter: | ||
| (1) "Protected lands" means state or federal parks or | ||
| recreational areas with environmental, recreational, historical, | ||
| aesthetic, ecological, or cultural value. | ||
| (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. 15.0102. PURPOSE. The purpose of this chapter is to | ||
| enable the department 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. 15.0103. APPLICABILITY. This chapter applies only in | ||
| a county: | ||
| (1) in which all or part of the Devils River State | ||
| Natural Area is located; or | ||
| (2) adjacent to a county described by Subdivision (1). | ||
| Sec. 15.0104. DESIGNATION OF CONSTRUCTION AREAS. (a) The | ||
| commission may adopt rules that designate locations where the | ||
| installation of a wind-powered energy device in an area to which | ||
| this chapter applies is not authorized. | ||
| (b) In adopting rules under Subsection (a), the commission | ||
| shall consider: | ||
| (1) the protection of natural resources, including the | ||
| avoidance of visual or acoustic impacts near a national | ||
| recreational area, state natural area, park, lake, or river; | ||
| (2) the protection of public health and safety; | ||
| (3) the enjoyment of protected lands; and | ||
| (4) other factors the commission determines are | ||
| necessary to achieve the purpose of this chapter. | ||
| (c) A rule adopted under Subsection (a) may not apply to a | ||
| wind-powered energy device installed before the effective date of | ||
| the Act enacting this section. | ||
| Sec. 15.0105. ENFORCEMENT. (a) A person who violates a | ||
| rule adopted under Section 15.0104 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 a rule adopted under Section 15.0104, 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, 2021. | ||
