88R6819 PRL-D
By: Slawson H.B. No. 1443
A BILL TO BE ENTITLED
AN ACT
relating to the operation of a wind-powered generation facility
near a joint-use airport.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.002, Utilities Code, as amended by
Chapters 908 (H.B. 4492) and 950 (S.B. 1580), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
Sec. 39.002. APPLICABILITY. This chapter, other than
Sections 39.151, 39.1516, 39.155, 39.157(e), 39.159, 39.160,
39.203, 39.904, 39.9051, 39.9052, 39.9056, and 39.914(e), and
Subchapters M and N, does not apply to a municipally owned utility
or an electric cooperative. Sections 39.157(e), 39.203, and
39.904, however, apply only to a municipally owned utility or an
electric cooperative that is offering customer choice. If there is
a conflict between the specific provisions of this chapter and any
other provisions of this title, except for Chapters 40 and 41, the
provisions of this chapter control.
SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.9056 to read as follows:
Sec. 39.9056. OPERATION OF WIND-POWERED GENERATION
FACILITY NEAR JOINT-USE AIRPORT. (a) In this section, "joint-use
airport" means an airport:
(1) that is owned or operated by a federal defense
agency;
(2) at which both military and civilian aircraft make
shared use of the airfield; and
(3) that provides air traffic control for all military
and civilian aircraft operating within 60 nautical miles of the
airport's boundaries.
(b) A power generation company or other person required by
commission rule to register with the commission before generating
electricity may not operate a wind-powered generation facility in
the ERCOT power region at a location that is within 65 nautical
miles of the boundaries of a joint-use airport located in this
state.
(c) An electric cooperative or municipally owned utility
may not operate a wind-powered generation facility in the ERCOT
power region at a location that is within 65 nautical miles of the
boundaries of a joint-use airport located in this state.
SECTION 3. Section 39.9056, Utilities Code, as added by
this Act, applies only to a wind-powered generation facility
installed on or after the effective date of this Act. A wind-powered
generation facility installed before the effective date of this Act
is governed by the law as it existed immediately before that date,
and that law is continued in effect for that purpose.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. This Act takes effect September 1, 2023.