By: Cyrier H.B. No. 4554
A BILL TO BE ENTITLED
AN ACT
relating to the parks and wildlife commission's authority to
designate wind-powered energy device construction areas near
certain lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 13, Parks and Wildlife Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. WIND-POWERED ENERGY DEVICES
Sec. 13.400. DEFINITIONS. In this subchapter:
(1) "Wind-powered energy device" means an apparatus
designed or adapted to convert the energy available in the wind into
thermal, mechanical, or electrical energy; to store the converted
energy, either in the form to which originally converted or another
form; or to distribute the converted energy.
(2) "Protected lands" means state or federal parks or
recreational areas with environmental, recreational, historical,
aesthetic, ecological, or cultural value.
(3) "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.
13.401. PURPOSE. The purpose of this subchapter is to
enable the commission to manage the potential effects of
wind-powered energy devices on protected lands so that the natural
and cultural values of protected lands continue for the benefit of
present and future generations.
Sec. 13.402. APPLICABILITY. This subchapter applies only
to protected lands that are located in a county:
(1) with between 45,000 and 55,000 in population;
(2) with a military aviation facility that trains military
personnel to pilot aircraft; and
(3) containing lands acquired by the department in 2010.
Sec. 13.403. DESIGNATION OF CONSTRUCTION AREAS. (a)
Within a county to which this subchapter applies, the commission
may adopt rules to establish locations where installation of a
wind-powered energy device is not authorized.
(b) Rules adopted by the commission under this section shall
consider:
(1) protection of natural resources, including
avoidance of visual or acoustic impacts near a national
recreational area, state natural area, park, lake, or river;
(2) protection of public health, safety, and enjoyment
of protected lands; and
(3) other factors that the commission considers to be
necessary to achieve the purpose of this subchapter.
(c) A rule adopted under this section shall not apply to a
wind-powered energy device installed before the effective date of
this section.
Sec. 13.404. ENFORCEMENT.
(a) A person who violates a rule adopted under this
subchapter is subject to a civil penalty of not less than $100 or
more than $10,000 for each act of violation and for each day of
violation, to be recovered as provided in this subchapter.
(b) If a person has violated, is violating, or is
threatening to violate a rule under this subchapter, the director
may bring suit to restrain the person from continuing the violation
or threat of violation, or to recover the civil penalty under this
section, or for any appropriate combination of these remedies.
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, 2019.