| 1 | 1 | | 89R11746 CS-F |
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| 2 | 2 | | By: Virdell H.B. No. 3056 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to municipal and county regulation of certain wind and |
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| 10 | 10 | | solar power facilities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Chapter 247, Local Government |
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| 13 | 13 | | Code, as added by Chapter 19 (S.B. 1017), Acts of the 88th |
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| 14 | 14 | | Legislature, Regular Session, 2023, is amended to read as follows: |
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| 15 | 15 | | CHAPTER 247. REGULATION OF ALTERNATIVE ENERGY GENERATION, ENERGY |
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| 16 | 16 | | SOURCES, AND ENGINES |
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| 17 | 17 | | SECTION 2. Section 247.001, Local Government Code, as added |
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| 18 | 18 | | by Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular |
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| 19 | 19 | | Session, 2023, is amended by adding Subdivisions (5) and (6) to read |
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| 20 | 20 | | as follows: |
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| 21 | 21 | | (5) "Solar power facility" has the meaning assigned by |
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| 22 | 22 | | Section 302.0001, Utilities Code. |
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| 23 | 23 | | (6) "Wind power facility" has the meaning assigned by |
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| 24 | 24 | | Section 301.0001, Utilities Code. |
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| 25 | 25 | | SECTION 3. Chapter 247, Local Government Code, as added by |
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| 26 | 26 | | Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular |
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| 27 | 27 | | Session, 2023, is amended by adding Section 247.004 to read as |
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| 28 | 28 | | follows: |
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| 29 | 29 | | Sec. 247.004. REGULATION OF WIND AND SOLAR POWER |
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| 30 | 30 | | FACILITIES. (a) This section applies only to a wind or solar power |
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| 31 | 31 | | facility intended to be used to sell at wholesale energy or |
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| 32 | 32 | | ancillary services. |
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| 33 | 33 | | (b) A municipality by ordinance and a county by order shall |
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| 34 | 34 | | prohibit the installation of a wind or solar power facility within |
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| 35 | 35 | | 500 yards of real property owned by a person other than the owner or |
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| 36 | 36 | | operator of the proposed facility unless the owner or operator of |
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| 37 | 37 | | the proposed facility obtains written consent from each owner of |
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| 38 | 38 | | the real property. |
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| 39 | 39 | | (c) For the purposes of this section, the measurement of |
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| 40 | 40 | | distance between a wind or solar power facility and a property line |
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| 41 | 41 | | shall be taken from the point on the structure that is nearest to |
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| 42 | 42 | | the nearest point on the property line. |
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| 43 | 43 | | (d) A county may not regulate under Subsection (b) the |
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| 44 | 44 | | installation of a wind or solar power facility within the corporate |
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| 45 | 45 | | boundaries of a municipality. |
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| 46 | 46 | | SECTION 4. Not later than October 1, 2025, a municipality by |
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| 47 | 47 | | ordinance and a county by order shall adopt a prohibition on the |
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| 48 | 48 | | installation of a wind or solar power facility as required by |
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| 49 | 49 | | Section 247.004, Local Government Code, as added by this Act. The |
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| 50 | 50 | | ordinance or order may not require the removal of a wind or solar |
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| 51 | 51 | | power facility the installation of which began before the effective |
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| 52 | 52 | | date of the ordinance or order. |
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| 53 | 53 | | SECTION 5. It is the intent of the 89th Legislature, Regular |
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| 54 | 54 | | Session, 2025, that the amendments made by this Act to Chapter 247, |
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| 55 | 55 | | Local Government Code, be harmonized with another Act of the 89th |
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| 56 | 56 | | Legislature, Regular Session, 2025, relating to nonsubstantive |
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| 57 | 57 | | additions to and corrections in enacted codes. |
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| 58 | 58 | | SECTION 6. This Act takes effect September 1, 2025. |
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