87R1865 BEE-F
By: Cyrier, Morales of Maverick, Bonnen, H.B. No. 783
Parker, Larson
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Parks and Wildlife
Department regarding wind-powered energy devices; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Parks and Wildlife Code, is amended by
adding Chapter 15 to read as follows:
CHAPTER 15. POWERS AND DUTIES RELATING TO WIND-POWERED ENERGY
DEVICES
Sec. 15.0101. DEFINITIONS. In this chapter:
(1) "Protected lands" means state or federal parks or
recreational areas with environmental, recreational, historical,
aesthetic, ecological, or cultural value.
(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. 15.0102. PURPOSE. The purpose of this chapter is to
enable the department 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. 15.0103. APPLICABILITY. This chapter applies only in
a county:
(1) in which all or part of the Devils River State
Natural Area is located; or
(2) adjacent to a county described by Subdivision (1).
Sec. 15.0104. DESIGNATION OF CONSTRUCTION AREAS. (a) The
commission may adopt rules that designate locations where the
installation of a wind-powered energy device in an area to which
this chapter applies is not authorized.
(b) In adopting rules under Subsection (a), the commission
shall consider:
(1) the protection of natural resources, including the
avoidance of visual or acoustic impacts near a national
recreational area, state natural area, park, lake, or river;
(2) the protection of public health and safety;
(3) the enjoyment of protected lands; and
(4) other factors the commission determines are
necessary to achieve the purpose of this chapter.
(c) A rule adopted under Subsection (a) may not apply to a
wind-powered energy device installed before the effective date of
the Act enacting this section.
Sec. 15.0105. ENFORCEMENT. (a) A person who violates a
rule adopted under Section 15.0104 is subject to a civil penalty of
not less than $100 or more than $10,000 for each violation and for
each day of violation.
(b) If a person has violated, is violating, or is
threatening to violate a rule adopted under Section 15.0104, the
department may bring suit:
(1) for injunctive relief to restrain the person from
continuing the violation or threat of violation; and
(2) to recover the civil penalty under Subsection (a).
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, 2021.