| 1 | 1 | | 89R10293 CS-D |
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| 2 | 2 | | By: Patterson H.B. No. 4353 |
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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 voter approval of a project to construct or install a |
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| 10 | 10 | | wind power, solar power, or energy storage facility in certain |
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| 11 | 11 | | counties. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter Z, Chapter 240, Local Government |
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| 14 | 14 | | Code, is amended by adding Section 240.911 to read as follows: |
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| 15 | 15 | | Sec. 240.911. VOTER APPROVAL OF WIND POWER, SOLAR POWER, OR |
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| 16 | 16 | | ENERGY STORAGE FACILITY. (a) In this section: |
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| 17 | 17 | | (1) "Ancillary services" has the meaning assigned by |
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| 18 | 18 | | Section 35.004, Utilities Code. |
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| 19 | 19 | | (2) "Solar power facility" has the meaning assigned by |
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| 20 | 20 | | Section 302.0001, Utilities Code. |
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| 21 | 21 | | (3) "Wind power facility" has the meaning assigned by |
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| 22 | 22 | | Section 301.0001, Utilities Code. |
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| 23 | 23 | | (b) This section applies only to a wind power, solar power, |
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| 24 | 24 | | or energy storage facility that is: |
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| 25 | 25 | | (1) proposed to be located in a county with a |
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| 26 | 26 | | population of more than 10,000; and |
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| 27 | 27 | | (2) intended to be used to sell at wholesale energy or |
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| 28 | 28 | | ancillary services. |
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| 29 | 29 | | (c) A person may not construct or install a wind power, |
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| 30 | 30 | | solar power, or energy storage facility unless the construction or |
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| 31 | 31 | | installation is approved by a majority of the voters voting at an |
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| 32 | 32 | | election held in the county in which the facility is proposed to be |
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| 33 | 33 | | constructed or installed. |
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| 34 | 34 | | (d) On the written request of a person proposing to |
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| 35 | 35 | | construct or install a wind power, solar power, or energy storage |
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| 36 | 36 | | facility, the commissioners court of the county in which the |
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| 37 | 37 | | facility is proposed to be constructed or installed may order an |
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| 38 | 38 | | election on the question of whether to approve the construction or |
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| 39 | 39 | | installation of the facility. The election order must: |
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| 40 | 40 | | (1) include a description of the facility; and |
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| 41 | 41 | | (2) allow voters to vote separately on each proposed |
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| 42 | 42 | | facility if there is more than one facility on the ballot. |
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| 43 | 43 | | (e) The commissioners court of a county by order may |
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| 44 | 44 | | regulate the construction, installation, and operation of a wind |
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| 45 | 45 | | power, solar power, or energy storage facility only if: |
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| 46 | 46 | | (1) the voters of the county have approved the |
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| 47 | 47 | | construction or installation of the facility as required by this |
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| 48 | 48 | | section; or |
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| 49 | 49 | | (2) the facility was constructed or installed before |
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| 50 | 50 | | September 1, 2025. |
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| 51 | 51 | | SECTION 2. This Act takes effect September 1, 2025. |
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