| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to wind energy agreements and the right of a surface estate |
|
|
owner to capture and employ wind energy. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 6, Utilities Code, is amended by adding |
|
|
Chapter 303 to read as follows: |
|
|
CHAPTER 303. WIND ENERGY RIGHTS AND AGREEMENTS |
|
|
Sec. 303.0001. DEFINITIONS. In this chapter: |
|
|
(1) "Wind energy agreement" means a lease, license, |
|
|
easement, or other agreement between the owner of a surface estate |
|
|
and a wind energy developer to develop wind-powered energy |
|
|
generation by means of the installation of equipment and necessary |
|
|
facilities on the subject property. |
|
|
(2) "Wind energy developer" means the lessee, grantee, |
|
|
easement holder, licensee, or similar party under a wind energy |
|
|
agreement. |
|
|
(3) "Wind-powered energy generation" means the |
|
|
generation of electricity by means of a turbine or other device that |
|
|
captures and employs the kinetic energy of the wind. |
|
|
Sec. 303.0002. RIGHT OF SURFACE ESTATE OWNER TO CAPTURE AND |
|
|
EMPLOY WIND ENERGY. The owner of a surface estate has an inherent |
|
|
right, either directly or through a wind energy developer under a |
|
|
wind energy agreement, to capture and employ the kinetic energy of |
|
|
the wind. The right described by this section is not severable from |
|
|
the surface estate. |
|
|
Sec. 303.0003. WIND ENERGY AGREEMENT. A wind energy |
|
|
agreement is subject to statutory and other rules of law to the same |
|
|
extent as other agreements creating interests in or rights to use |
|
|
real property. |
|
|
Sec. 303.0004. TERMINATION; RELEASE. (a) If a wind energy |
|
|
agreement expires or is terminated, each wind energy developer that |
|
|
owned the wind energy agreement at the time the agreement expired or |
|
|
terminated shall record a release of the expired or terminated |
|
|
agreement in the office of the county clerk in the county where the |
|
|
land subject to the agreement is located. |
|
|
(b) If a wind energy developer fails to record a release as |
|
|
required by Subsection (a), the owner of the surface estate or the |
|
|
owner's agent may request a wind energy developer shown as the wind |
|
|
energy developer of record for the agreement to record the release. |
|
|
The request must be: |
|
|
(1) in writing; and |
|
|
(2) delivered to the last-known address of the wind |
|
|
energy developer: |
|
|
(A) personally; or |
|
|
(B) by certified mail, first class postage |
|
|
prepaid, and return receipt requested. |
|
|
(c) In the absence of a good faith claim that the wind energy |
|
|
agreement is in force and effect, a wind energy developer who |
|
|
receives a request under Subsection (b) shall, not later than 90 |
|
|
days after the date the request is received: |
|
|
(1) record the release as required by Subsection (a); |
|
|
or |
|
|
(2) inform the owner of the surface estate or the |
|
|
owner's agent: |
|
|
(A) that the wind energy developer no longer owns |
|
|
the wind energy agreement; and |
|
|
(B) of the name of the party that succeeded to the |
|
|
wind energy developer's interest. |
|
|
(d) An owner of the surface estate or the owner's agent that |
|
|
receives notice under Subsection (c)(2) may request the successor |
|
|
in interest to record a release in the manner provided by Subsection |
|
|
(b). If the interest of a wind energy developer has been |
|
|
transferred by an instrument that has not been recorded, the |
|
|
transferee shall: |
|
|
(1) first record the instrument by which the |
|
|
transferee acquired the interest or record a notice of the transfer |
|
|
and then record the release required by Subsection (c); or |
|
|
(2) cause the wind energy developer shown as the wind |
|
|
energy developer of record for the agreement to record the release |
|
|
required by Subsection (c). |
|
|
(e) A release recorded under this section must: |
|
|
(1) identify the wind energy agreement with reasonable |
|
|
clarity; and |
|
|
(2) include: |
|
|
(A) the names of the parties; |
|
|
(B) the legal description of the land subject to |
|
|
the agreement; and |
|
|
(C) the applicable recording information of the |
|
|
agreement. |
|
|
Sec. 303.0005. TRANSFER OF PARTY'S INTEREST IN AGREEMENT. |
|
|
Nothing in this chapter restricts the transfer of any interest of a |
|
|
party to a wind energy agreement, including the transfer of the |
|
|
right of the owner of the surface estate to receive payments under |
|
|
the wind energy agreement. |
|
|
SECTION 2. Nothing in this Act affects the validity of an |
|
|
agreement entered into before the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |