By: Keffer H.B. No. 4248
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to regulate the
location of wind energy electric generating facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 234, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. REGULATION OF WIND ENERGY ELECTRIC GENERATING
FACILITIES
Sec. 234.061. SCOPE OF REGULATORY AUTHORITY. (a) The
commissioners court of a county to which this subchapter applies by
order may regulate the construction of wind energy electric
generating facilities in the unincorporated area of the county by:
(1) prohibiting the location of a facility in all or
part of the county;
(2) restricting the location of a facility by
requiring a buffer zone so that the facility is located at least:
(A) one mile from a habitable structure;
(B) one-half mile from property lines; and
(C) 10 miles from a federal or state natural area
or park; or
(3) restricting the location of a facility within the
county by establishing other requirements.
(b) Subsection (a) does not authorize a county to adopt
zoning regulations.
Sec. 234.062. APPLICATION OF REGULATORY AUTHORITY. This
subchapter applies only to a county through which the Brazos River
flows and that has a population of at least 25,000 but fewer than
40,000.
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, 2009.