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 | |
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| relating to location requirements for the construction of certain | ||
| wind-powered energy devices. | ||
| 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 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: | ||
| (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; | ||
| 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 | ||
| maintain compatibility with the activities of the military aviation | ||
| facility. | ||
| 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 | ||
| purpose. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
