86R12509 SCL-F
By: Martinez Fischer H.B. No. 4368
A BILL TO BE ENTITLED
AN ACT
relating to the designation of wind-powered energy device
construction areas by certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 in which a military aviation facility that
trains military personnel to pilot aircraft is 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:
(1) maintain compatibility with the activities of the
military aviation facility; and
(2) if practicable, constitute in total at least 40
percent of the county's total area.
SECTION 2. This Act takes effect September 1, 2019.