| 1 | 1 | | By: Cyrier H.B. No. 4554 |
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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 parks and wildlife commission's authority to |
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| 7 | 7 | | designate wind-powered energy device construction areas near |
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| 8 | 8 | | certain lands. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 13, Parks and Wildlife Code, is amended |
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| 11 | 11 | | by adding Subchapter E to read as follows: |
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| 12 | 12 | | SUBCHAPTER E. WIND-POWERED ENERGY DEVICES |
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| 13 | 13 | | Sec. 13.400. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Wind-powered energy device" means an apparatus |
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| 15 | 15 | | designed or adapted to convert the energy available in the wind into |
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| 16 | 16 | | thermal, mechanical, or electrical energy; to store the converted |
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| 17 | 17 | | energy, either in the form to which originally converted or another |
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| 18 | 18 | | form; or to distribute the converted energy. |
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| 19 | 19 | | (2) "Protected lands" means state or federal parks or |
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| 20 | 20 | | recreational areas with environmental, recreational, historical, |
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| 21 | 21 | | aesthetic, ecological, or cultural value. |
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| 22 | 22 | | (3) "Military aviation facility" means a base, |
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| 23 | 23 | | station, fort or camp at which fixed-wing aviation operations or |
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| 24 | 24 | | training is conducted by the United States Air Force. |
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| 25 | 25 | | 13.401. PURPOSE. The purpose of this subchapter is to |
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| 26 | 26 | | enable the commission to manage the potential effects of |
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| 27 | 27 | | wind-powered energy devices on protected lands so that the natural |
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| 28 | 28 | | and cultural values of protected lands continue for the benefit of |
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| 29 | 29 | | present and future generations. |
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| 30 | 30 | | Sec. 13.402. APPLICABILITY. This subchapter applies only |
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| 31 | 31 | | to protected lands that are located in a county: |
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| 32 | 32 | | (1) with between 45,000 and 55,000 in population; |
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| 33 | 33 | | (2) with a military aviation facility that trains military |
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| 34 | 34 | | personnel to pilot aircraft; and |
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| 35 | 35 | | (3) containing lands acquired by the department in 2010. |
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| 36 | 36 | | Sec. 13.403. DESIGNATION OF CONSTRUCTION AREAS. (a) |
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| 37 | 37 | | Within a county to which this subchapter applies, the commission |
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| 38 | 38 | | may adopt rules to establish locations where installation of a |
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| 39 | 39 | | wind-powered energy device is not authorized. |
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| 40 | 40 | | (b) Rules adopted by the commission under this section shall |
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| 41 | 41 | | consider: |
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| 42 | 42 | | (1) protection of natural resources, including |
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| 43 | 43 | | avoidance of visual or acoustic impacts near a national |
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| 44 | 44 | | recreational area, state natural area, park, lake, or river; |
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| 45 | 45 | | (2) protection of public health, safety, and enjoyment |
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| 46 | 46 | | of protected lands; and |
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| 47 | 47 | | (3) other factors that the commission considers to be |
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| 48 | 48 | | necessary to achieve the purpose of this subchapter. |
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| 49 | 49 | | (c) A rule adopted under this section shall not apply to a |
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| 50 | 50 | | wind-powered energy device installed before the effective date of |
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| 51 | 51 | | this section. |
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| 52 | 52 | | Sec. 13.404. ENFORCEMENT. |
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| 53 | 53 | | (a) A person who violates a rule adopted under this |
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| 54 | 54 | | subchapter is subject to a civil penalty of not less than $100 or |
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| 55 | 55 | | more than $10,000 for each act of violation and for each day of |
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| 56 | 56 | | violation, to be recovered as provided in this subchapter. |
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| 57 | 57 | | (b) If a person has violated, is violating, or is |
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| 58 | 58 | | threatening to violate a rule under this subchapter, the director |
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| 59 | 59 | | may bring suit to restrain the person from continuing the violation |
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| 60 | 60 | | or threat of violation, or to recover the civil penalty under this |
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| 61 | 61 | | section, or for any appropriate combination of these remedies. |
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| 62 | 62 | | SECTION 2. This Act takes effect immediately if it receives |
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| 63 | 63 | | a vote of two-thirds of all the members elected to each house, as |
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| 64 | 64 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 65 | 65 | | Act does not receive the vote necessary for immediate effect this |
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| 66 | 66 | | Act takes effect September 1, 2019. |
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