| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to the designation of wind-powered energy device |
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| 8 | 7 | | construction areas by certain counties. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Chapter 240, Local Government Code, is amended |
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| 11 | 10 | | by adding Subchapter F to read as follows: |
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| 12 | 11 | | SUBCHAPTER F. WIND-POWERED ENERGY DEVICES |
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| 13 | 12 | | Sec. 240.101. DEFINITIONS. In this subchapter: |
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| 14 | 13 | | (1) "Military aviation facility" means a base, |
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| 15 | 14 | | station, fort, or camp at which fixed-wing aviation operations or |
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| 16 | 15 | | training is conducted by the United States Air Force, the United |
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| 17 | 16 | | States Air Force Reserve, the United States Army, the United States |
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| 18 | 17 | | Army Reserve, the United States Navy, the United States Navy |
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| 19 | 18 | | Reserve, the United States Marine Corps, the United States Marine |
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| 20 | 19 | | Corps Reserve, the United States Coast Guard, the United States |
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| 21 | 20 | | Coast Guard Reserve, or the Texas National Guard. |
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| 22 | 21 | | (2) "Wind-powered energy device" means an apparatus |
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| 23 | 22 | | designed or adapted to: |
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| 24 | 23 | | (A) convert the energy available in the wind into |
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| 25 | 24 | | thermal, mechanical, or electrical energy; |
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| 26 | 25 | | (B) store the energy converted under Paragraph |
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| 27 | 26 | | (A), either in the form to which originally converted or another |
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| 28 | 27 | | form; or |
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| 29 | 28 | | (C) distribute the energy converted under |
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| 30 | 29 | | Paragraph (A). |
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| 31 | 30 | | Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter |
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| 32 | 31 | | applies only to a county: |
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| 33 | 32 | | (1) that is located adjacent to an international |
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| 34 | 33 | | border; and |
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| 35 | 34 | | (2) in which a military aviation facility that trains |
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| 36 | 35 | | military personnel to pilot aircraft and a national recreation area |
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| 37 | 36 | | are located. |
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| 38 | 37 | | Sec. 240.103. DESIGNATION OF CONSTRUCTION AREAS. (a) The |
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| 39 | 38 | | commissioners court of a county by order may, in collaboration with |
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| 40 | 39 | | the military aviation facility located in the county: |
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| 41 | 40 | | (1) designate one or more appropriate locations for a |
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| 42 | 41 | | person to install a wind-powered energy device in the |
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| 43 | 42 | | unincorporated area of the county in accordance with this section; |
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| 44 | 43 | | and |
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| 45 | 44 | | (2) prohibit the installation of a wind-powered energy |
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| 46 | 45 | | device in the county in an area other than a designated area. |
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| 47 | 46 | | (b) An order under Subsection (a) may not apply to a |
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| 48 | 47 | | wind-powered energy device installed before the effective date of |
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| 49 | 48 | | the order. |
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| 50 | 49 | | (c) Areas designated by a county under Subsection (a) must |
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| 51 | 50 | | maintain compatibility with the activities of the military aviation |
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| 52 | 51 | | facility. |
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| 53 | 52 | | SECTION 2. This Act takes effect September 1, 2021. |
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