Money Bill Requires County Permits For Solar, Wind And Landfills

The text as introduced · 557 words

By: Money
H.B. No. 5454

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a county to regulate certain land uses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 231, Local Government Code, is amended

by adding Subchapter N to read as follows:

SUBCHAPTER N. REGULATION OF CERTAIN INDUSTRIAL PROJECTS AND

OFFENSIVE LAND USES

Sec. 231.301. DEFINITIONS. In this subchapter:

(1) "Alternative energy facility" means:

(A) a wind power facility as defined by Section

301.0001, Utilities Code;

(B) a solar power facility as defined by Section

302.0001, Utilities Code; or

(C) a battery storage facility.

(2) "Industrial project" includes the construction or

operation of an electric generating facility, alternative energy

facility, or manufacturing facility.

(3) "Offensive land use" includes a concrete plant,

concrete crushing facility, landfill, solid waste transfer

station, or automotive wrecking and salvage yard.

Sec. 231.302. PERMIT REQUIRED. Notwithstanding any other

law, a person may not begin the construction or operation of an

industrial project or offensive land use in the unincorporated area

of a county unless the person obtains a permit from the

commissioners court of the county.

Sec. 231.303. COUNTY INDUSTRIAL PROJECT PERMITTING

PROCESS. (a) A commissioners court of a county shall by order

establish a procedure to review and approve an application for a

permit to build or operate an industrial project.

(b) If a commissioners court by order finds that a proposed

project requires substantial infrastructure or resources, the

commissioners court may by order determine that the project

constitutes an industrial project for purposes of the permit

requirement under this subchapter.

(c) A permitting procedure established by a county under

this subchapter must:

(1) require the permit be issued by order of the

commissioners court; and

(2) provide for at least two public hearings, held no

less than two weeks and no more than two months apart.

(d) In issuing a permit, a commissioners court must

consider:

(1) the compatibility of the proposed project with

existing land uses in the surrounding area;

(2) the potential impact of the proposed project on:

(A) public health and safety;

(B) air, water, and soil quality; and

(C) local infrastructure, including roads,

utilities, and emergency services;

(3) public comment and input from county residents and

other stakeholders; and

(4) other factors that the commissioners court

determines are relevant to balancing the interest in development

and the welfare of the community.

(e) A permit issued under this section may include

conditions and requirements that the commissioners court

determines are necessary to mitigate potential negative effects of

the project for which a permit is sought, including a requirement

that the applicant implement measures for:

(1) protecting public health and safety, including

providing necessary training and equipment for emergency services;

(2) local infrastructure improvement or maintenance;

(3) ensuring air, water, and soil quality; and

(4) noise reduction.

(f) A commissioners court may revoke, suspend, or deny

renewal of a permit issued under this subchapter if the

commissioners court by order finds that:

(1) the permit holder has violated the terms of the

permit; or

(2) the permitted project causes undue harm to the

surrounding area or community.

Sec. 231.304. ENFORCEMENT. The commissioners court of a

county may adopt orders to enforce this subchapter or an order

adopted under this subchapter.

SECTION 2. This Act takes effect September 1, 2025.