89R9830 AND-F
By: Frank H.B. No. 2898
A BILL TO BE ENTITLED
AN ACT
relating to requirements for certain meteorological evaluation
towers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 21.071, Transportation
Code, is amended to read as follows:
Sec. 21.071. [PAINTING AND MARKING] REQUIREMENTS FOR
CERTAIN METEOROLOGICAL EVALUATION TOWERS; OFFENSE.
SECTION 2. Section 21.071, Transportation Code, is amended
by amending Subsections (a) and (e) and adding Subsections (c-1),
(c-2), and (c-3) to read as follows:
(a) In this section, "meteorological evaluation tower"
means a structure that:
(1) is self-standing or supported by guy wires and
anchors;
(2) is not more than 12 [six] feet in diameter at the
base of the structure; and
(3) has accessory facilities on which an antenna,
sensor, camera, meteorological instrument, or other equipment is
mounted for the purpose of documenting whether a site has
sufficient wind resources for the operation of a wind turbine
generator.
(c-1) A person may not erect a meteorological evaluation
tower unless the person provides notice to the department in
accordance with this subsection of the person's intent to erect the
tower. Notice provided under this subsection must:
(1) be on a form prescribed by the department;
(2) be submitted through the department's Internet
website not later than the 30th day before the date erection of the
tower begins; and
(3) contain the following information:
(A) the name, address, and contact information of
the owner or operator of the meteorological evaluation tower;
(B) the proposed location of the meteorological
evaluation tower, including the site's latitude, longitude, and
ground elevation and the tower's height above ground level;
(C) the date the person proposes to begin
erecting the meteorological evaluation tower; and
(D) any other information the department
considers necessary to determine the ownership, physical
characteristics, or location of the meteorological evaluation
tower.
(c-2) The owner or operator of the meteorological
evaluation tower shall notify the department in the form and manner
prescribed by the department of any change in the information
contained in the notice provided for the tower under Subsection
(c-1).
(c-3) Not later than the 30th day after the date the
department receives notice of a person's intent to erect a
meteorological evaluation tower under Subsection (c-1), the
department shall provide a copy of the notice to:
(1) each federally owned or operated radar 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
is adjacent to a county described by Subdivision (2).
(e) The department shall adopt rules to implement and
administer this section, including rules requiring a person[:
[(1)] who owns or [,] operates[, or erects] a
meteorological evaluation tower [to provide notice to the
department of the existence of or intent to erect a meteorological
evaluation tower; and
[(2)] to register the [meteorological evaluation]
tower with the department.
SECTION 3. This Act takes effect September 1, 2025.