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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Parks and Wildlife |
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Department relating to certain energy infrastructure; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Parks and Wildlife Code, is amended by |
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adding Chapter 15 to read as follows: |
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CHAPTER 15. POWERS AND DUTIES RELATING TO CERTAIN ENERGY |
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INFRASTRUCTURE |
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Sec. 15.0101. DEFINITIONS. In this chapter: |
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(1) "Energy infrastructure" means equipment and |
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facilities used to produce oil and gas or solar or wind energy. The |
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term includes solar panels, wind turbines, and oil and gas wells and |
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pumps. |
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(2) "Scenic riverway" means a water quality protection |
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area to which Subchapter M, Chapter 26, Water Code, applies. |
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(3) "State park" means a park under the control and |
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custody of the department as described by Section 13.001(a). |
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Sec. 15.0102. PURPOSE. The purpose of this chapter is to |
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enable the department to manage the potential effects of energy |
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infrastructure on scenic riverways and state parks so that the |
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natural value of those lands continues for the benefit of present |
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and future generations. |
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Sec. 15.0103. PERMIT REQUIRED FOR CERTAIN ENERGY |
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INFRASTRUCTURE. (a) A person may not construct or install energy |
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infrastructure at a location closer than 10 miles to a boundary of a |
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scenic riverway or state park unless the person holds a permit |
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issued by the department under this section. |
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(b) In considering an application for a permit under this |
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section, the department shall consider the impact of the energy |
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infrastructure on the natural value of a scenic riverway or state |
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park. |
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(c) The department may deny an application for a permit |
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under this section if the department determines that the energy |
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infrastructure will: |
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(1) produce: |
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(A) light visible from any point on a scenic |
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riverway or in a state park; or |
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(B) sound that exceeds 40 decibels when measured |
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from any point on a scenic riverway or in a state park; or |
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(2) obstruct or intrude on views from any point on a |
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scenic riverway or in a state park. |
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Sec. 15.0104. RULES. The commission shall adopt rules to |
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implement this chapter, including rules establishing application |
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procedures and fees for a permit required by Section 15.0103(a). |
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Sec. 15.0105. ENFORCEMENT. (a) A person who violates |
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Section 15.0103(a) is subject to a civil penalty of not less than |
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$100 or more than $10,000 for each violation and for each day of |
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violation. |
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(b) If a person has violated, is violating, or is |
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threatening to violate Section 15.0103(a), the department may bring |
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suit: |
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(1) for injunctive relief to restrain the person from |
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continuing the violation or threat of violation; and |
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(2) to recover the civil penalty under Subsection (a). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |