Relating to the eligibility of property for certain ad valorem tax incentives if a wind-powered energy device or a solar energy device has been installed or constructed on the property.
Impact
The amendments outlined in HB4004 would affect local tax codes significantly, making it more challenging for properties with wind energy devices to qualify for agricultural tax exemptions. This could lead to increased taxation for landowners who have installed renewable energy systems, potentially discouraging the adoption of green technologies in agricultural areas. Conversely, the bill aims to support the growth of renewable energy sectors by clarifying tax obligations associated with such installations, indicating a legislative push towards bolstering renewable energy initiatives in Texas.
Summary
House Bill 4004 proposes changes to the Texas Tax Code concerning property eligibility for certain ad valorem tax incentives when a wind-powered or solar energy device is present. The bill effectively modifies existing regulations that govern the assessment of property for tax purposes, particularly focusing on properties with renewable energy installations. One of the primary amendments stipulates that land designated for agricultural use cannot simultaneously be classified as such if a wind-powered energy device is installed, suggesting a shift towards favoring renewable energy developments over traditional agricultural classifications.
Contention
Notably, the bill may face opposition from agricultural stakeholders who perceive it as a threat to their financial stability through increased property taxes. Critics argue that the requirement to forfeit agricultural status could disincentivize farmers from embracing renewable energy technologies. Furthermore, the bill contains provisions that prevent the abatement of taxes on properties with wind devices, potentially raising concerns about the economic feasibility of integrating such technologies. The balance between advancing renewable energy and preserving agricultural economic viability will likely be a subject of contention as discussions surrounding HB4004 progress.
Texas Constitutional Statutes Affected
Tax Code
Chapter 11. Taxable Property And Exemptions
Section: New Section
Chapter 23. Appraisal Methods And Procedures
Section: New Section
Chapter 312. Property Redevelopment And Tax Abatement 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.
Relating to an exemption from ad valorem taxation of the amount of the appraised value of real property that arises from the installation in the property of certain energy efficiency-related improvements.
Relating to the authority of a property owners' association to require a fee for the review or approval of a proposed solar energy device installation.