88R26130 CXP/CJC-D
 
  By: Slawson, Buckley, Rogers H.B. No. 1443
 
  Substitute the following for H.B. No. 1443:
 
  By:  Dean C.S.H.B. No. 1443
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of certain wind-powered devices near
  certain aviation facilities and the receipt of certain ad valorem
  tax incentives for property on which such devices are constructed
  or installed; authorizing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 320, Tax Code, is amended by adding
  Section 320.002 to read as follows:
         Sec. 320.002.  PROPERTY INELIGIBLE FOR TAX INCENTIVES. (a)
  In this section:
               (1)  "Military aviation facility" has the meaning
  assigned by Section 312.0021.
               (2)  "Qualifying property" means a parcel of land that
  is located wholly or partly in a reinvestment zone, a new building
  constructed on the parcel of land, a new improvement erected or
  affixed on the parcel of land, or tangible personal property placed
  in service in the building or improvement or on the parcel of land.
               (3)  "Wind-powered energy device" has the meaning
  assigned by Section 11.27.
         (b)  Notwithstanding any other law, an owner of qualifying
  property may not receive an exemption from ad valorem taxation or a
  limitation on appraised value for the qualifying property under an
  agreement entered into under a law enacted as part of a program to
  encourage economic development in an area designated as a
  reinvestment zone if, on or after the date the agreement is entered
  into, a wind-powered energy device is installed or constructed on
  the qualifying property at a location that is within 25 nautical
  miles of the boundaries of a military aviation facility located in
  this state.  The prohibition provided by this subsection applies
  regardless of whether the wind-powered energy device is installed
  or constructed at a location that is in the reinvestment zone.
         SECTION 2.  Section 39.002, Utilities Code, as amended by
  Chapters 908 (H.B. 4492) and 950 (S.B. 1580), Acts of the 87th
  Legislature, Regular Session, 2021, is reenacted and amended to
  read as follows:
         Sec. 39.002.  APPLICABILITY. This chapter, other than
  Sections 39.151, 39.1516, 39.155, 39.157(e), 39.159, 39.160,
  39.203, 39.904, 39.9051, 39.9052, 39.9056, and 39.914(e), and
  Subchapters M and N, does not apply to a municipally owned utility
  or an electric cooperative. Sections 39.157(e), 39.203, and
  39.904, however, apply only to a municipally owned utility or an
  electric cooperative that is offering customer choice. If there is
  a conflict between the specific provisions of this chapter and any
  other provisions of this title, except for Chapters 40 and 41, the
  provisions of this chapter control.
         SECTION 3.  Subchapter Z, Chapter 39, Utilities Code, is
  amended by adding Section 39.9056 to read as follows:
         Sec. 39.9056.  OPERATION OF WIND-POWERED GENERATION
  FACILITY NEAR JOINT-USE AIRPORT. (a) In this section, "joint-use
  airport" means an airport:
               (1)  that is owned or operated by a United States Army
  mobilization force generation installation;
               (2)  at which both military and civilian aircraft make
  shared use of the airfield; and
               (3)  that provides air traffic control for all military
  and civilian aircraft operating within 60 nautical miles of the
  airport's boundaries.
         (b)  A power generation company or other person required by
  commission rule to register with the commission before generating
  electricity may not operate a wind-powered generation facility in
  the ERCOT power region at a location that is within 65 nautical
  miles of the boundaries of a joint-use airport located in this
  state.
         (c)  An electric cooperative or municipally owned utility
  may not operate a wind-powered generation facility in the ERCOT
  power region at a location that is within 65 nautical miles of the
  boundaries of a joint-use airport located in this state.
         (d)  The commission may impose an administrative penalty
  under Section 15.023 on an electric cooperative or municipally
  owned utility that violates Subsection (c).
         SECTION 4.  Section 320.002, Tax Code, as added by this Act,
  applies only to ad valorem taxes imposed for a tax year beginning on
  or after January 1, 2024.
         SECTION 5.  Section 39.9056, Utilities Code, as added by
  this Act, applies only to a wind-powered generation facility
  installed on or after the effective date of this Act. A wind-powered
  generation facility installed before the effective date of this Act
  is governed by the law as it existed immediately before that date,
  and that law is continued in effect for that purpose.
         SECTION 6.  (a)  To the extent of any conflict, Section 1 of
  this Act prevails over another Act of the 88th Legislature, Regular
  Session, 2023, regardless of the relative dates of enactment.
         (b)  It is the intent of the 88th Legislature, Regular
  Session, 2023, that the amendments made by Sections 2 and 3 of this
  Act be harmonized with another Act of the 88th Legislature, Regular
  Session, 2023, relating to nonsubstantive additions to and
  corrections in enacted codes.
         SECTION 7.  This Act takes effect September 1, 2023.