Bill Text: TX SB1003 | 2021-2022 | 87th Legislature | Engrossed

Bill Title: Relating to location requirements for the construction of certain wind-powered energy devices.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2021-05-24 - Referred to State Affairs [SB1003 Detail]

Download: Texas-2021-SB1003-Engrossed.html
  By: Springer S.B. No. 1003
  relating to location requirements for the construction of certain
  wind-powered energy devices.
         SECTION 1.  Title 6, Utilities Code, is amended by adding
  Chapter 302 to read as follows:
         Sec. 302.0001.  SITING. (a) A person may not construct at a
  site a wind turbine for electric generation unless the site
  complies with the minimum setback requirements provided by this
         (b)  The minimum setback for a wind turbine is 3,000 feet
  measured from the property line of each property that borders the
  property on which the site is located.
         (c)  The setback distance described by Subsection (b) must be
  measured as a straight line from the vertical centerline of the
  proposed wind turbine to the nearest point on the property line.
         (d)  This section does not create an offense.
         Sec. 302.0002.  SITING WAIVER. (a) A person may begin
  construction of a wind turbine at a site that does not comply with
  the requirements of Section 302.0001 if the person obtains a
  signed, written waiver from the owner of the property that is the
  source of the noncompliance.
         (b)  A waiver may not be made effective for a period of more
  than one year after the date the owner signs the waiver. A waiver
  may be retroactive for any period of time.
         Sec. 302.0003.  INJUNCTION. (a) A county or district court
  by injunction may prevent, restrain, abate, or otherwise remedy a
  violation of this chapter.
         (b)  A person affected or who may be affected by a violation
  or threatened violation of this chapter may bring suit under
  Subsection (a).
         SECTION 2.  Chapter 240, Local Government Code, is amended
  by adding Subchapter F to read as follows:
         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:
               (1)  that is located adjacent to an international
  border; and
               (2)  in which a military aviation facility that trains
  military personnel to pilot aircraft and a national recreation area
  are 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;
               (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
  maintain compatibility with the activities of the military aviation
         SECTION 3.  Chapter 302, Utilities Code, as added by this
  Act, applies only to a wind turbine the construction of which begins
  on or after the effective date of this Act.  Construction of a wind
  turbine that began before the effective date of this Act is governed
  by the law as it existed immediately before the effective date of
  this Act, and the former law is continued in effect for that
         SECTION 4.  This Act takes effect September 1, 2021.