| 1 | 1 | | 88R1397 BEE-D |
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| 2 | 2 | | By: Rogers H.B. No. 695 |
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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 exercise of the power of eminent domain to acquire |
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| 8 | 8 | | property for wind power facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 2206, Government Code, is |
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| 11 | 11 | | amended by adding Section 2206.003 to read as follows: |
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| 12 | 12 | | Sec. 2206.003. USE OF EMINENT DOMAIN FOR WIND POWER |
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| 13 | 13 | | PROHIBITED. Notwithstanding any other law, a governmental or |
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| 14 | 14 | | private entity may not take private property through the use of |
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| 15 | 15 | | eminent domain for the purpose of developing or operating a wind |
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| 16 | 16 | | power facility, as defined by Section 301.0001, Utilities Code. |
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| 17 | 17 | | SECTION 2. Section 2206.003, Government Code, as added by |
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| 18 | 18 | | this Act, applies to the acquisition of real property in connection |
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| 19 | 19 | | with an initial offer made under Chapter 21, Property Code, on or |
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| 20 | 20 | | after the effective date of this Act. The acquisition of real |
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| 21 | 21 | | property in connection with an initial offer made under Chapter 21, |
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| 22 | 22 | | Property Code, before the effective date of this Act is governed by |
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| 23 | 23 | | the law applicable to the acquisition immediately before the |
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| 24 | 24 | | effective date of this Act, and that law is continued in effect for |
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| 25 | 25 | | that purpose. |
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| 26 | 26 | | SECTION 3. This Act takes effect September 1, 2023. |
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