| 1 | 1 | | By: Keffer H.B. No. 4248 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of certain counties to regulate the |
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| 7 | 7 | | location of wind energy electric generating facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 234, Local Government Code, is amended |
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| 10 | 10 | | by adding Subchapter C to read as follows: |
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| 11 | 11 | | SUBCHAPTER C. REGULATION OF WIND ENERGY ELECTRIC GENERATING |
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| 12 | 12 | | FACILITIES |
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| 13 | 13 | | Sec. 234.061. SCOPE OF REGULATORY AUTHORITY. (a) The |
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| 14 | 14 | | commissioners court of a county to which this subchapter applies by |
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| 15 | 15 | | order may regulate the construction of wind energy electric |
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| 16 | 16 | | generating facilities in the unincorporated area of the county by: |
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| 17 | 17 | | (1) prohibiting the location of a facility in all or |
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| 18 | 18 | | part of the county; |
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| 19 | 19 | | (2) restricting the location of a facility by |
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| 20 | 20 | | requiring a buffer zone so that the facility is located at least: |
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| 21 | 21 | | (A) one mile from a habitable structure; |
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| 22 | 22 | | (B) one-half mile from property lines; and |
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| 23 | 23 | | (C) 10 miles from a federal or state natural area |
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| 24 | 24 | | or park; or |
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| 25 | 25 | | (3) restricting the location of a facility within the |
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| 26 | 26 | | county by establishing other requirements. |
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| 27 | 27 | | (b) Subsection (a) does not authorize a county to adopt |
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| 28 | 28 | | zoning regulations. |
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| 29 | 29 | | Sec. 234.062. APPLICATION OF REGULATORY AUTHORITY. This |
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| 30 | 30 | | subchapter applies only to a county through which the Brazos River |
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| 31 | 31 | | flows and that has a population of at least 25,000 but fewer than |
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| 32 | 32 | | 40,000. |
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| 33 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2009. |
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