| 1 | 1 | | 88R3499 DIO-D |
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| 2 | 2 | | By: Frank H.B. No. 1068 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the construction of a meteorological tower near a |
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| 8 | 8 | | federally owned or operated radar installation or military |
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| 9 | 9 | | installation; providing an administrative penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 6, Utilities Code, is amended by adding |
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| 12 | 12 | | Chapter 303 to read as follows: |
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| 13 | 13 | | CHAPTER 303. METEOROLOGICAL TOWERS |
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| 14 | 14 | | Sec. 303.0001. DEFINITION. In this chapter, "commission" |
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| 15 | 15 | | means the Public Utility Commission of Texas. |
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| 16 | 16 | | Sec. 303.0002. NOTIFICATION REQUIRED FOR CERTAIN |
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| 17 | 17 | | METEOROLOGICAL TOWERS. (a) This section applies only to a |
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| 18 | 18 | | meteorological tower that: |
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| 19 | 19 | | (1) is located: |
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| 20 | 20 | | (A) on dry land in this state; and |
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| 21 | 21 | | (B) within 50 nautical miles of the boundaries of |
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| 22 | 22 | | a federally owned or operated radar installation or military |
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| 23 | 23 | | installation in this state; |
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| 24 | 24 | | (2) extends 200 feet or higher above ground level; and |
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| 25 | 25 | | (3) is constructed for the purpose of conducting a |
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| 26 | 26 | | wind study to determine if an area is suitable for wind-powered |
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| 27 | 27 | | electric generation. |
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| 28 | 28 | | (b) A person constructing a meteorological tower described |
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| 29 | 29 | | by Subsection (a) shall provide written notice to the commission of |
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| 30 | 30 | | the construction not later than the date that construction begins |
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| 31 | 31 | | on the tower. |
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| 32 | 32 | | (c) The notice required under Subsection (b) must include: |
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| 33 | 33 | | (1) the name of the person constructing the |
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| 34 | 34 | | meteorological tower; |
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| 35 | 35 | | (2) the location of the tower; and |
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| 36 | 36 | | (3) the name and location of each federally owned or |
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| 37 | 37 | | operated radar installation or military installation in this state |
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| 38 | 38 | | whose boundaries are within 50 nautical miles of the tower. |
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| 39 | 39 | | (d) Not later than 30 days after the date the commission |
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| 40 | 40 | | receives notice of the construction of a meteorological tower under |
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| 41 | 41 | | Subsection (b), the commission shall provide a copy of the notice |
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| 42 | 42 | | to: |
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| 43 | 43 | | (1) a federally owned or operated radar installation |
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| 44 | 44 | | or military installation in this state whose boundaries are within |
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| 45 | 45 | | 50 nautical miles of the tower; |
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| 46 | 46 | | (2) the county judge of each county in this state that |
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| 47 | 47 | | contains a radar or military installation described by Subdivision |
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| 48 | 48 | | (1); and |
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| 49 | 49 | | (3) the county judge of each county in this state that |
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| 50 | 50 | | borders a county described by Subdivision (2). |
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| 51 | 51 | | (e) The commission and attorney general may enforce the |
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| 52 | 52 | | provisions of this section and rules adopted under this section in |
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| 53 | 53 | | the manner authorized for the judicial or administrative |
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| 54 | 54 | | enforcement of a provision of Title 2 by Subchapter B, Chapter 15, |
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| 55 | 55 | | including by imposing administrative penalties. |
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| 56 | 56 | | SECTION 2. This Act applies only to a person who begins |
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| 57 | 57 | | construction of a meteorological tower on or after the effective |
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| 58 | 58 | | date of this Act. A person who begins construction of a |
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| 59 | 59 | | meteorological tower before the effective date of this Act is |
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| 60 | 60 | | governed by the law in effect on the date construction began, and |
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| 61 | 61 | | that law is continued in effect for that purpose. |
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| 62 | 62 | | SECTION 3. This Act takes effect September 1, 2023. |
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