88R14658 BEE-D
By: Rogers H.B. No. 3518
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Parks and Wildlife
Department relating to certain energy infrastructure; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Parks and Wildlife Code, is amended by
adding Chapter 15 to read as follows:
CHAPTER 15. POWERS AND DUTIES RELATING TO CERTAIN ENERGY
INFRASTRUCTURE
Sec. 15.0101. DEFINITIONS. In this chapter:
(1) "Energy infrastructure" means equipment and
facilities used to produce oil and gas or solar or wind energy. The
term includes solar panels, wind turbines, and oil and gas wells and
pumps.
(2) "Scenic riverway" means a water quality protection
area to which Subchapter M, Chapter 26, Water Code, applies.
(3) "State park" means a park under the control and
custody of the department as described by Section 13.001(a).
Sec. 15.0102. PURPOSE. The purpose of this chapter is to
enable the department to manage the potential effects of energy
infrastructure on scenic riverways and state parks so that the
natural value of those lands continues for the benefit of present
and future generations.
Sec. 15.0103. PERMIT REQUIRED FOR CERTAIN ENERGY
INFRASTRUCTURE. (a) A person may not construct or install energy
infrastructure at a location closer than 10 miles to a boundary of a
scenic riverway or state park unless the person holds a permit
issued by the department under this section.
(b) In considering an application for a permit under this
section, the department shall consider the impact of the energy
infrastructure on the natural value of a scenic riverway or state
park.
(c) The department may deny an application for a permit
under this section if the department determines that the energy
infrastructure will:
(1) produce:
(A) light visible from any point on a scenic
riverway or in a state park; or
(B) sound that exceeds 40 decibels when measured
from any point on a scenic riverway or in a state park; or
(2) obstruct or intrude on views from any point on a
scenic riverway or in a state park.
Sec. 15.0104. RULES. The commission shall adopt rules to
implement this chapter, including rules establishing application
procedures and fees for a permit required by Section 15.0103(a).
Sec. 15.0105. ENFORCEMENT. (a) A person who violates
Section 15.0103(a) is subject to a civil penalty of not less than
$100 or more than $10,000 for each violation and for each day of
violation.
(b) If a person has violated, is violating, or is
threatening to violate Section 15.0103(a), the department may bring
suit:
(1) for injunctive relief to restrain the person from
continuing the violation or threat of violation; and
(2) to recover the civil penalty under Subsection (a).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.