88R2515 DIO-D     By: Spiller H.B. No. 171       A BILL TO BE ENTITLED   AN ACT   relating to location requirements for the construction of certain   wind-powered energy devices.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Title 6, Utilities Code, is   amended to read as follows:   TITLE 6.  PRIVATELY ENFORCEABLE RENEWABLE GENERATION PROVISIONS   [PRIVATE POWER AGREEMENTS]          SECTION 2.  Title 6, Utilities Code, is amended by adding   Chapter 303 to read as follows:   CHAPTER 303. WIND TURBINE GENERATOR SITING          Sec. 303.0101.  SITING. (a) A person may not construct at a   site a wind turbine generator unless the site complies with the   minimum setback requirements provided by this section.          (b)  The minimum setback for a wind turbine generator is   3,000 feet measured from the property line of each property that   borders the property on which the site is located.          (c)  The setback distance described by Subsection (b) must be   measured as a straight line from the vertical centerline of the   proposed wind turbine generator to the nearest point on the   property line.          (d)  This section does not create an offense.          Sec. 303.0102.  SITING WAIVER. (a) A person may begin   construction of a wind turbine generator at a site that does not   comply with the requirements of Section 303.0101 if the person   obtains a signed, written waiver from the owner of the property that   is the source of the noncompliance.          (b)  A waiver may not be made effective for a period of more   than one year after the date the owner signs the waiver. A waiver   may be retroactive for any period of time.          Sec. 303.0103.  INJUNCTION. (a) A county or district court   by injunction may prevent, restrain, abate, or otherwise remedy a   violation of this chapter.          (b)  A person affected or who may be affected by a violation   or threatened violation of this chapter may bring suit under   Subsection (a).          SECTION 3.  Chapter 240, Local Government Code, is amended   by adding Subchapter F to read as follows:   SUBCHAPTER F. WIND-POWERED ENERGY DEVICES          Sec. 240.101.  DEFINITIONS. In this subchapter:                (1)  "Air navigation facility" and "airport" have the   meanings assigned by Section 22.001, Transportation Code.                (2)  "Wind-powered energy device" means an apparatus   designed or adapted to:                      (A)  convert the energy available in the wind into   thermal, mechanical, or electrical energy;                      (B)  store the energy converted under Paragraph   (A), either in the form to which originally converted or another   form; or                      (C)  distribute the energy converted under   Paragraph (A).          Sec. 240.102.  DESIGNATION OF CONSTRUCTION AREAS. (a) The   commissioners court of a county in which an air navigation facility   or airport is located by order may, in collaboration with the owner   or operator of the facility or airport:                (1)  designate one or more appropriate locations for a   person to install a wind-powered energy device in the   unincorporated area of the county in accordance with this section;   and                (2)  prohibit the installation of a wind-powered energy   device in the county in an area other than a designated area.          (b)  An order under Subsection (a) may not apply to a   wind-powered energy device installed before the effective date of   the order.          (c)  Areas designated by a county under Subsection (a) must   maintain compatibility with the activities of the air navigation   facility or airport.          SECTION 4.  Chapter 303, Utilities Code, as added by this   Act, applies only to a wind turbine generator the construction of   which begins on or after the effective date of this Act.     Construction of a wind turbine generator that began before the   effective date of this Act is governed by the law as it existed   immediately before the effective date of this Act, and the former   law is continued in effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2023.