Bill Text: TX HB3518 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the powers and duties of the Parks and Wildlife Department relating to certain energy infrastructure; providing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Culture, Recreation & Tourism [HB3518 Detail]
Download: Texas-2023-HB3518-Introduced.html
| 88R14658 BEE-D | ||
| By: Rogers | H.B. No. 3518 | |
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| relating to the powers and duties of the Parks and Wildlife | ||
| Department relating to certain energy infrastructure; providing a | ||
| civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 2, Parks and Wildlife Code, is amended by | ||
| adding Chapter 15 to read as follows: | ||
| CHAPTER 15. POWERS AND DUTIES RELATING TO CERTAIN ENERGY | ||
| INFRASTRUCTURE | ||
| Sec. 15.0101. DEFINITIONS. In this chapter: | ||
| (1) "Energy infrastructure" means equipment and | ||
| facilities used to produce oil and gas or solar or wind energy. The | ||
| term includes solar panels, wind turbines, and oil and gas wells and | ||
| pumps. | ||
| (2) "Scenic riverway" means a water quality protection | ||
| area to which Subchapter M, Chapter 26, Water Code, applies. | ||
| (3) "State park" means a park under the control and | ||
| custody of the department as described by Section 13.001(a). | ||
| Sec. 15.0102. PURPOSE. The purpose of this chapter is to | ||
| enable the department to manage the potential effects of energy | ||
| infrastructure on scenic riverways and state parks so that the | ||
| natural value of those lands continues for the benefit of present | ||
| and future generations. | ||
| Sec. 15.0103. PERMIT REQUIRED FOR CERTAIN ENERGY | ||
| INFRASTRUCTURE. (a) A person may not construct or install energy | ||
| infrastructure at a location closer than 10 miles to a boundary of a | ||
| scenic riverway or state park unless the person holds a permit | ||
| issued by the department under this section. | ||
| (b) In considering an application for a permit under this | ||
| section, the department shall consider the impact of the energy | ||
| infrastructure on the natural value of a scenic riverway or state | ||
| park. | ||
| (c) The department may deny an application for a permit | ||
| under this section if the department determines that the energy | ||
| infrastructure will: | ||
| (1) produce: | ||
| (A) light visible from any point on a scenic | ||
| riverway or in a state park; or | ||
| (B) sound that exceeds 40 decibels when measured | ||
| from any point on a scenic riverway or in a state park; or | ||
| (2) obstruct or intrude on views from any point on a | ||
| scenic riverway or in a state park. | ||
| Sec. 15.0104. RULES. The commission shall adopt rules to | ||
| implement this chapter, including rules establishing application | ||
| procedures and fees for a permit required by Section 15.0103(a). | ||
| Sec. 15.0105. ENFORCEMENT. (a) A person who violates | ||
| Section 15.0103(a) is subject to a civil penalty of not less than | ||
| $100 or more than $10,000 for each violation and for each day of | ||
| violation. | ||
| (b) If a person has violated, is violating, or is | ||
| threatening to violate Section 15.0103(a), the department may bring | ||
| suit: | ||
| (1) for injunctive relief to restrain the person from | ||
| continuing the violation or threat of violation; and | ||
| (2) to recover the civil penalty under Subsection (a). | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
