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  89R10293 CS-D     By: Patterson H.B. No. 4353       A BILL TO BE ENTITLED   AN ACT   relating to voter approval of a project to construct or install a   wind power, solar power, or energy storage facility in certain   counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 240, Local Government   Code, is amended by adding Section 240.911 to read as follows:           Sec.   240.911.     VOTER APPROVAL OF WIND POWER, SOLAR POWER, OR   ENERGY STORAGE FACILITY. (a) In this section:                 (1)     "Ancillary services" has the meaning assigned by   Section 35.004, Utilities Code.                 (2)     "Solar power facility" has the meaning assigned by   Section 302.0001, Utilities Code.                 (3)     "Wind power facility" has the meaning assigned by   Section 301.0001, Utilities Code.           (b)     This section applies only to a wind power, solar power,   or energy storage facility that is:                 (1)     proposed to be located in a county with a   population of more than 10,000; and                 (2)     intended to be used to sell at wholesale energy or   ancillary services.           (c)     A person may not construct or install a wind power,   solar power, or energy storage facility unless the construction or   installation is approved by a majority of the voters voting at an   election held in the county in which the facility is proposed to be   constructed or installed.           (d)     On the written request of a person proposing to   construct or install a wind power, solar power, or energy storage   facility, the commissioners court of the county in which the   facility is proposed to be constructed or installed may order an   election on the question of whether to approve the construction or   installation of the facility. The election order must:                 (1)  include a description of the facility; and                 (2)     allow voters to vote separately on each proposed   facility if there is more than one facility on the ballot.           (e)     The commissioners court of a county by order may   regulate the construction, installation, and operation of a wind   power, solar power, or energy storage facility only if:                 (1)     the voters of the county have approved the   construction or installation of the facility as required by this   section; or                 (2)     the facility was constructed or installed before   September 1, 2025.          SECTION 2.  This Act takes effect September 1, 2025.