88R3499 DIO-D
By: Frank H.B. No. 1068
A BILL TO BE ENTITLED
AN ACT
relating to the construction of a meteorological tower near a
federally owned or operated radar installation or military
installation; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Utilities Code, is amended by adding
Chapter 303 to read as follows:
CHAPTER 303. METEOROLOGICAL TOWERS
Sec. 303.0001. DEFINITION. In this chapter, "commission"
means the Public Utility Commission of Texas.
Sec. 303.0002. NOTIFICATION REQUIRED FOR CERTAIN
METEOROLOGICAL TOWERS. (a) This section applies only to a
meteorological tower that:
(1) is located:
(A) on dry land in this state; and
(B) within 50 nautical miles of the boundaries of
a federally owned or operated radar installation or military
installation in this state;
(2) extends 200 feet or higher above ground level; and
(3) is constructed for the purpose of conducting a
wind study to determine if an area is suitable for wind-powered
electric generation.
(b) A person constructing a meteorological tower described
by Subsection (a) shall provide written notice to the commission of
the construction not later than the date that construction begins
on the tower.
(c) The notice required under Subsection (b) must include:
(1) the name of the person constructing the
meteorological tower;
(2) the location of the tower; and
(3) the name and location of each federally owned or
operated radar installation or military installation in this state
whose boundaries are within 50 nautical miles of the tower.
(d) Not later than 30 days after the date the commission
receives notice of the construction of a meteorological tower under
Subsection (b), the commission shall provide a copy of the notice
to:
(1) a federally owned or operated radar installation
or military installation in this state whose boundaries are within
50 nautical miles of the tower;
(2) the county judge of each county in this state that
contains a radar or military installation described by Subdivision
(1); and
(3) the county judge of each county in this state that
borders a county described by Subdivision (2).
(e) The commission and attorney general may enforce the
provisions of this section and rules adopted under this section in
the manner authorized for the judicial or administrative
enforcement of a provision of Title 2 by Subchapter B, Chapter 15,
including by imposing administrative penalties.
SECTION 2. This Act applies only to a person who begins
construction of a meteorological tower on or after the effective
date of this Act. A person who begins construction of a
meteorological tower before the effective date of this Act is
governed by the law in effect on the date construction began, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.