Bill Text: TX HB1443 | 2023-2024 | 88th Legislature | Comm Sub

Texas House Bill 1443

Bill Title: 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.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2023-05-11 - Postponed 6/1/23 10:00 AM [HB1443 Detail]

Download: Texas-2023-HB1443-Comm_Sub.html

	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.