By: Springer S.B. No. 1003
A BILL TO BE ENTITLED
AN ACT
relating to location requirements for the construction of certain
wind-powered energy devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Utilities Code, is amended by adding
Chapter 302 to read as follows:
CHAPTER 302. WIND TURBINE SITING
Sec. 302.0001. SITING. (a) A person may not construct at a
site a wind turbine for electric generation unless the site
complies with the minimum setback requirements provided by this
section.
(b) The minimum setback for a wind turbine is 3,000 feet
measured from the property line of each property that borders the
property on which the site is located.
(c) The setback distance described by Subsection (b) must be
measured as a straight line from the vertical centerline of the
proposed wind turbine to the nearest point on the property line.
(d) This section does not create an offense.
Sec. 302.0002. SITING WAIVER. (a) A person may begin
construction of a wind turbine at a site that does not comply with
the requirements of Section 302.0001 if the person obtains a
signed, written waiver from the owner of the property that is the
source of the noncompliance.
(b) A waiver may not be made effective for a period of more
than one year after the date the owner signs the waiver. A waiver
may be retroactive for any period of time.
Sec. 302.0003. INJUNCTION. (a) A county or district court
by injunction may prevent, restrain, abate, or otherwise remedy a
violation of this chapter.
(b) A person affected or who may be affected by a violation
or threatened violation of this chapter may bring suit under
Subsection (a).
SECTION 2. Chapter 240, Local Government Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. WIND-POWERED ENERGY DEVICES
Sec. 240.101. DEFINITIONS. In this subchapter:
(1) "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, the United
States Air Force Reserve, the United States Army, the United States
Army Reserve, the United States Navy, the United States Navy
Reserve, the United States Marine Corps, the United States Marine
Corps Reserve, the United States Coast Guard, the United States
Coast Guard Reserve, or the Texas National Guard.
(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. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county:
(1) that is located adjacent to an international
border; and
(2) in which a military aviation facility that trains
military personnel to pilot aircraft and a national recreation area
are located.
Sec. 240.103. DESIGNATION OF CONSTRUCTION AREAS. (a) The
commissioners court of a county by order may, in collaboration with
the military aviation facility located in the county:
(1) designate one or more appropriate locations for a
person to install a wind-powered energy device in the
unincorporated area of the county in accordance with this section;
and
(2) prohibit the installation of a wind-powered energy
device in the county in an area other than a designated area.
(b) An order under Subsection (a) may not apply to a
wind-powered energy device installed before the effective date of
the order.
(c) Areas designated by a county under Subsection (a) must
maintain compatibility with the activities of the military aviation
facility.
SECTION 3. Chapter 302, Utilities Code, as added by this
Act, applies only to a wind turbine the construction of which begins
on or after the effective date of this Act. Construction of a wind
turbine that began before the effective date of this Act is governed
by the law as it existed immediately before the effective date of
this Act, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2021.