Bill Text: TX HB3168 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to wind energy facilities and the rights of owners of land on which wind energy facilities are located.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-05-07 - Committee report sent to Calendars [HB3168 Detail]
Download: Texas-2013-HB3168-Comm_Sub.html
| 83R20071 JXC-F | |||
| By: King of Taylor, Keffer | H.B. No. 3168 | ||
| Substitute the following for H.B. No. 3168: | |||
| By: Lozano | C.S.H.B. No. 3168 | ||
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| relating to wind energy facilities and the rights of owners of land | ||
| on which wind energy facilities are located. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 11, Natural Resources Code, is amended by | ||
| adding Chapter 212 to read as follows: | ||
| CHAPTER 212. WIND ENERGY FACILITIES | ||
| Sec. 212.001. DEFINITIONS. In this chapter: | ||
| (1) "Wind energy conversion system" means a system | ||
| that converts wind energy into electric energy through the use of a | ||
| wind turbine generator and includes a turbine, blade, tower, base, | ||
| and pad transformer, if any. | ||
| (2) "Wind energy facility" means an electric | ||
| generating facility that consists of one or more wind energy | ||
| conversion systems under common ownership or operating control and | ||
| the substations, meteorological data towers, aboveground and | ||
| underground electric transmission lines, transformers, control | ||
| systems, and other buildings or facilities used to support the | ||
| operation of the facility. | ||
| Sec. 212.002. APPLICABILITY. This chapter applies only to | ||
| a wind energy conversion system or wind energy facility: | ||
| (1) the primary purpose of which is to supply electric | ||
| energy to an off-site customer; and | ||
| (2) that is not located entirely on property held in | ||
| fee simple by the owner of the wind energy facility. | ||
| Sec. 212.003. RIGHTS OF LANDOWNER. (a) An owner or operator | ||
| of a wind energy conversion system or wind energy facility who pays | ||
| a landowner for the use of the landowner's property to generate | ||
| electric energy from the conversion of wind energy based on the | ||
| amount of electric energy produced from the conversion of wind | ||
| energy shall, on request from the landowner, provide the landowner | ||
| access to the records of the owner or operator relating to the wind | ||
| energy conversion system or wind energy facility for the purpose of | ||
| confirming the accuracy of payments made to the landowner. A | ||
| landowner may not request access to the records more frequently | ||
| than once each year. | ||
| (b) An owner or operator that receives a request under | ||
| Subsection (a) shall provide the landowner access to all records | ||
| necessary for the landowner to confirm the accuracy of payments | ||
| made to the landowner, including documents, data, and other | ||
| information, or copies of the records, documents, data, or | ||
| information. The records are subject to any confidentiality | ||
| requirements in a lease agreement between the landowner and the | ||
| owner or operator. | ||
| (c) The owner or operator shall comply with the landowner's | ||
| request to access the records within a reasonable time. | ||
| (d) The owner or operator shall: | ||
| (1) provide access to the records in a reasonable | ||
| location and manner that affords the landowner reasonable access to | ||
| the records during normal business hours; and | ||
| (2) allow the landowner a reasonable period of time to | ||
| examine the records. | ||
| (e) A landowner may not cause undue disruption to the | ||
| operations of an owner or operator when examining records under | ||
| this section. | ||
| (f) Not later than the 10th day before the date an owner of a | ||
| wind energy conversion system or wind energy facility enters into a | ||
| lease agreement with a landowner that allows the owner to operate | ||
| the system or facility on the landowner's property, the owner must | ||
| send to the landowner, by first class mail or otherwise: | ||
| (1) a written disclosure that the landowner will be | ||
| entitled to access the records of the owner for the purpose of | ||
| confirming the accuracy of payments made to the landowner; and | ||
| (2) a written insurance disclosure that states that | ||
| the owner: | ||
| (A) will not maintain insurance applicable to the | ||
| system or facility; or | ||
| (B) will maintain an insurance policy applicable | ||
| to the system or facility or will maintain a self-insurance plan | ||
| applicable to the system or facility. | ||
| (g) The disclosure required by Subsection (f) must be made | ||
| in a document that is separate from the lease. | ||
| (h) If an owner notifies a landowner under Subsection (f)(2) | ||
| that the owner will maintain an insurance policy and the policy | ||
| allows the landowner to be named as an additional insured on the | ||
| policy, the owner must include with the notice a statement that the | ||
| landowner may be named as an additional insured on the policy. | ||
| Sec. 212.004. ENFORCEMENT BY ATTORNEY GENERAL. The | ||
| attorney general may enforce the provisions of this chapter. | ||
| SECTION 2. Sections 212.003(f), (g), and (h), Natural | ||
| Resources Code, as added by this Act, apply only to a lease | ||
| agreement entered into on or after the effective date of this Act. | ||
| A lease agreement entered into before the effective date of this Act | ||
| is governed by the law as it existed immediately before the | ||
| effective date of this Act, and that law is continued in effect for | ||
| that purpose. | ||
| SECTION 3. This Act takes effect January 1, 2014. | ||
