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