Texas 2021 - 87th Regular

Texas House Bill HB783 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R1865 BEE-F
2		-	By: Cyrier, Morales of Maverick, Bonnen, H.B. No. 783
3		-	Parker, Larson
	2	+	By: Cyrier H.B. No. 783
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to the powers and duties of the Parks and Wildlife
9	8		Department regarding wind-powered energy devices; providing a
10	9		civil penalty.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Title 2, Parks and Wildlife Code, is amended by
13	12		adding Chapter 15 to read as follows:
14	13		CHAPTER 15. POWERS AND DUTIES RELATING TO WIND-POWERED ENERGY
15	14		DEVICES
16	15		Sec. 15.0101. DEFINITIONS. In this chapter:
17	16		(1) "Protected lands" means state or federal parks or
18	17		recreational areas with environmental, recreational, historical,
19	18		aesthetic, ecological, or cultural value.
20	19		(2) "Wind-powered energy device" means an apparatus
21	20		designed or adapted to:
22	21		(A) convert the energy available in the wind into
23	22		thermal, mechanical, or electrical energy;
24	23		(B) store the energy converted under Paragraph
25	24		(A), either in the form to which originally converted or another
26	25		form; or
27	26		(C) distribute the energy converted under
28	27		Paragraph (A).
29	28		Sec. 15.0102. PURPOSE. The purpose of this chapter is to
30	29		enable the department to manage the potential effects of
31	30		wind-powered energy devices on protected lands so that the natural
32	31		and cultural values of protected lands continue for the benefit of
33	32		present and future generations.
34	33		Sec. 15.0103. APPLICABILITY. This chapter applies only in
35	34		a county:
36	35		(1) in which all or part of the Devils River State
37	36		Natural Area is located; or
38	37		(2) adjacent to a county described by Subdivision (1).
39	38		Sec. 15.0104. DESIGNATION OF CONSTRUCTION AREAS. (a) The
40	39		commission may adopt rules that designate locations where the
41	40		installation of a wind-powered energy device in an area to which
42	41		this chapter applies is not authorized.
43	42		(b) In adopting rules under Subsection (a), the commission
44	43		shall consider:
45	44		(1) the protection of natural resources, including the
46	45		avoidance of visual or acoustic impacts near a national
47	46		recreational area, state natural area, park, lake, or river;
48	47		(2) the protection of public health and safety;
49	48		(3) the enjoyment of protected lands; and
50	49		(4) other factors the commission determines are
51	50		necessary to achieve the purpose of this chapter.
52	51		(c) A rule adopted under Subsection (a) may not apply to a
53	52		wind-powered energy device installed before the effective date of
54	53		the Act enacting this section.
55	54		Sec. 15.0105. ENFORCEMENT. (a) A person who violates a
56	55		rule adopted under Section 15.0104 is subject to a civil penalty of
57	56		not less than $100 or more than $10,000 for each violation and for
58	57		each day of violation.
59	58		(b) If a person has violated, is violating, or is
60	59		threatening to violate a rule adopted under Section 15.0104, the
61	60		department may bring suit:
62	61		(1) for injunctive relief to restrain the person from
63	62		continuing the violation or threat of violation; and
64	63		(2) to recover the civil penalty under Subsection (a).
65	64		SECTION 2. This Act takes effect immediately if it receives
66	65		a vote of two-thirds of all the members elected to each house, as
67	66		provided by Section 39, Article III, Texas Constitution. If this
68	67		Act does not receive the vote necessary for immediate effect, this
69	68		Act takes effect September 1, 2021.