Bill Text: TX SB1003 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Springer | S.B. No. 1003 | |
(In the Senate - Filed March 4, 2021; March 18, 2021, read | ||
first time and referred to Committee on Business & Commerce; | ||
May 12, 2021, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 5, Nays 1; May 12, 2021, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1003 | By: Hancock |
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relating to siting requirements for the construction of a wind | ||
turbine. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 6, Utilities Code, is amended by adding | ||
Chapter 302 to read as follows: | ||
CHAPTER 302. WIND TURBINE SITING | ||
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 | ||
section. | ||
(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 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 | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. | ||
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