89R10293 CS-D
By: Patterson H.B. No. 4353
A BILL TO BE ENTITLED
AN ACT
relating to voter approval of a project to construct or install a
wind power, solar power, or energy storage facility in certain
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 240, Local Government
Code, is amended by adding Section 240.911 to read as follows:
Sec. 240.911. VOTER APPROVAL OF WIND POWER, SOLAR POWER, OR
ENERGY STORAGE FACILITY. (a) In this section:
(1) "Ancillary services" has the meaning assigned by
Section 35.004, Utilities Code.
(2) "Solar power facility" has the meaning assigned by
Section 302.0001, Utilities Code.
(3) "Wind power facility" has the meaning assigned by
Section 301.0001, Utilities Code.
(b) This section applies only to a wind power, solar power,
or energy storage facility that is:
(1) proposed to be located in a county with a
population of more than 10,000; and
(2) intended to be used to sell at wholesale energy or
ancillary services.
(c) A person may not construct or install a wind power,
solar power, or energy storage facility unless the construction or
installation is approved by a majority of the voters voting at an
election held in the county in which the facility is proposed to be
constructed or installed.
(d) On the written request of a person proposing to
construct or install a wind power, solar power, or energy storage
facility, the commissioners court of the county in which the
facility is proposed to be constructed or installed may order an
election on the question of whether to approve the construction or
installation of the facility. The election order must:
(1) include a description of the facility; and
(2) allow voters to vote separately on each proposed
facility if there is more than one facility on the ballot.
(e) The commissioners court of a county by order may
regulate the construction, installation, and operation of a wind
power, solar power, or energy storage facility only if:
(1) the voters of the county have approved the
construction or installation of the facility as required by this
section; or
(2) the facility was constructed or installed before
September 1, 2025.
SECTION 2. This Act takes effect September 1, 2025.