| 2 | + | (In the Senate - Filed March 4, 2021; March 18, 2021, read |
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| 3 | + | first time and referred to Committee on Business & Commerce; |
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| 4 | + | May 12, 2021, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 5, Nays 1; May 12, 2021, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 1003 By: Hancock |
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| 8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 16 | | SECTION 1. Title 6, Utilities Code, is amended by adding |
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| 10 | 17 | | Chapter 302 to read as follows: |
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| 11 | 18 | | CHAPTER 302. WIND TURBINE SITING |
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| 12 | 19 | | Sec. 302.0001. SITING. (a) A person may not construct at a |
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| 13 | 20 | | site a wind turbine for electric generation unless the site |
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| 14 | 21 | | complies with the minimum setback requirements provided by this |
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| 15 | 22 | | section. |
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| 16 | 23 | | (b) The minimum setback for a wind turbine is 3,000 feet |
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| 17 | 24 | | measured from the property line of each property that borders the |
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| 18 | 25 | | property on which the site is located. |
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| 19 | 26 | | (c) The setback distance described by Subsection (b) must be |
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| 20 | 27 | | measured as a straight line from the vertical centerline of the |
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| 21 | 28 | | proposed wind turbine to the nearest point on the property line. |
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| 22 | 29 | | (d) This section does not create an offense. |
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| 23 | 30 | | Sec. 302.0002. SITING WAIVER. (a) A person may begin |
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| 24 | 31 | | construction of a wind turbine at a site that does not comply with |
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| 25 | 32 | | the requirements of Section 302.0001 if the person obtains a |
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| 26 | 33 | | signed, written waiver from the owner of the property that is the |
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| 27 | 34 | | source of the noncompliance. |
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| 28 | 35 | | (b) A waiver may not be made effective for a period of more |
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| 29 | 36 | | than one year after the date the owner signs the waiver. A waiver |
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| 30 | 37 | | may be retroactive for any period of time. |
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| 31 | 38 | | Sec. 302.0003. INJUNCTION. (a) A county or district court |
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| 32 | 39 | | by injunction may prevent, restrain, abate, or otherwise remedy a |
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| 33 | 40 | | violation of this chapter. |
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| 34 | 41 | | (b) A person affected or who may be affected by a violation |
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| 35 | 42 | | or threatened violation of this chapter may bring suit under |
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| 36 | 43 | | Subsection (a). |
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| 37 | | - | SECTION 2. Chapter 240, Local Government Code, is amended |
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| 38 | | - | by adding Subchapter F to read as follows: |
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| 39 | | - | SUBCHAPTER F. WIND-POWERED ENERGY DEVICES |
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| 40 | | - | Sec. 240.101. DEFINITIONS. In this subchapter: |
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| 41 | | - | (1) "Military aviation facility" means a base, |
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| 42 | | - | station, fort, or camp at which fixed-wing aviation operations or |
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| 43 | | - | training is conducted by the United States Air Force, the United |
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| 44 | | - | States Air Force Reserve, the United States Army, the United States |
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| 45 | | - | Army Reserve, the United States Navy, the United States Navy |
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| 46 | | - | Reserve, the United States Marine Corps, the United States Marine |
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| 47 | | - | Corps Reserve, the United States Coast Guard, the United States |
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| 48 | | - | Coast Guard Reserve, or the Texas National Guard. |
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| 49 | | - | (2) "Wind-powered energy device" means an apparatus |
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| 50 | | - | designed or adapted to: |
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| 51 | | - | (A) convert the energy available in the wind into |
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| 52 | | - | thermal, mechanical, or electrical energy; |
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| 53 | | - | (B) store the energy converted under Paragraph |
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| 54 | | - | (A), either in the form to which originally converted or another |
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| 55 | | - | form; or |
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| 56 | | - | (C) distribute the energy converted under |
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| 57 | | - | Paragraph (A). |
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| 58 | | - | Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter |
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| 59 | | - | applies only to a county: |
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| 60 | | - | (1) that is located adjacent to an international |
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| 61 | | - | border; and |
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| 62 | | - | (2) in which a military aviation facility that trains |
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| 63 | | - | military personnel to pilot aircraft and a national recreation area |
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| 64 | | - | are located. |
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| 65 | | - | Sec. 240.103. DESIGNATION OF CONSTRUCTION AREAS. (a) The |
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| 66 | | - | commissioners court of a county by order may, in collaboration with |
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| 67 | | - | the military aviation facility located in the county: |
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| 68 | | - | (1) designate one or more appropriate locations for a |
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| 69 | | - | person to install a wind-powered energy device in the |
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| 70 | | - | unincorporated area of the county in accordance with this section; |
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| 71 | | - | and |
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| 72 | | - | (2) prohibit the installation of a wind-powered energy |
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| 73 | | - | device in the county in an area other than a designated area. |
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| 74 | | - | (b) An order under Subsection (a) may not apply to a |
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| 75 | | - | wind-powered energy device installed before the effective date of |
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| 76 | | - | the order. |
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| 77 | | - | (c) Areas designated by a county under Subsection (a) must |
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| 78 | | - | maintain compatibility with the activities of the military aviation |
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| 79 | | - | facility. |
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| 80 | | - | SECTION 3. Chapter 302, Utilities Code, as added by this |
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| 44 | + | SECTION 2. Chapter 302, Utilities Code, as added by this |
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