bill letting cities ban loud data centers near homes

The text as introduced · 473 words

90R3590 MZM-D

By: Vasut
H.B. No. 682

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a municipality or county to prohibit

the operation or construction of certain commercial and industrial

facilities located near a residential property.

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

SECTION 1. Chapter 250, Local Government Code, is amended

by adding Section 250.015 to read as follows:

Sec. 250.015. REGULATION OF COMMERCIAL AND INDUSTRIAL

FACILITIES NEAR RESIDENTIAL PROPERTY. (a) In this section:

(1) "Commercial facility" means an improvement, other

than an industrial facility, operated or constructed primarily for

the purpose of engaging in commerce.

(2) "Improvement" and "tangible personal property"

have the meanings assigned by Section 1.04, Tax Code.

(3) "Industrial facility" means an improvement

operated or constructed primarily for the purpose of:

(A) manufacturing or processing tangible

personal property to be sold at retail or wholesale, or to be

incorporated into other tangible personal property to be sold at

retail or wholesale; or

(B) housing servers and related equipment and

support staff for the processing, storage, and distribution of

data.

(4) "Sport shooting range" has the meaning assigned by

Section 250.001.

(b) This section does not apply to a commercial or

industrial facility that:

(1) operates or is proposed to be operated only

between the hours of 8 a.m. and 5 p.m.;

(2) is required to be operated or constructed by state

or federal law;

(3) is used for less than 90 days as part of the

development of land, construction of an improvement to land, or

exploration or development of oil or gas; or

(4) is a sport shooting range.

(c) A municipality or county by ordinance, order, or other

measure may prohibit the operation or construction of a commercial

or industrial facility that:

(1) is or is proposed to be located less than 1,000

feet from a residential improvement used as the temporary or

permanent home of one or more individuals, including a

single-family dwelling or a unit in a multi-unit building such as an

apartment or condominium; and

(2) when operating generates or will generate for more

than 10 seconds at a time, measured at the property line of the

nearest residential improvement:

(A) a sound level that exceeds 50 dBA or 50 dBC;

(B) a vibration frequency that exceeds one hertz;

or

(C) a brightness intensity that exceeds five

foot-candles.

(d) This section does not authorize a county to regulate a

commercial or industrial facility unless the facility is located in

the unincorporated area of the county.

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, 2027.