Texas 2013 - 83rd Regular

Texas House Bill HB3168 Compare Versions

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1	1	83R20071 JXC-F
2	2	By: King of Taylor, Keffer H.B. No. 3168
3	3	Substitute the following for H.B. No. 3168:
4	4	By: King of Parker C.S.H.B. No. 3168
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to wind energy facilities and the rights of owners of land
10	10	on which wind energy facilities are located.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 11, Natural Resources Code, is amended by
13	13	adding Chapter 212 to read as follows:
14	14	CHAPTER 212. WIND ENERGY FACILITIES
15	15	Sec. 212.001. DEFINITIONS. In this chapter:
16	16	(1) "Wind energy conversion system" means a system
17	17	that converts wind energy into electric energy through the use of a
18	18	wind turbine generator and includes a turbine, blade, tower, base,
19	19	and pad transformer, if any.
20	20	(2) "Wind energy facility" means an electric
21	21	generating facility that consists of one or more wind energy
22	22	conversion systems under common ownership or operating control and
23	23	the substations, meteorological data towers, aboveground and
24	24	underground electric transmission lines, transformers, control
25	25	systems, and other buildings or facilities used to support the
26	26	operation of the facility.
27	27	Sec. 212.002. APPLICABILITY. This chapter applies only to
28	28	a wind energy conversion system or wind energy facility:
29	29	(1) the primary purpose of which is to supply electric
30	30	energy to an off-site customer; and
31	31	(2) that is not located entirely on property held in
32	32	fee simple by the owner of the wind energy facility.
33	33	Sec. 212.003. RIGHTS OF LANDOWNER. (a) An owner or operator
34	34	of a wind energy conversion system or wind energy facility who pays
35	35	a landowner for the use of the landowner's property to generate
36	36	electric energy from the conversion of wind energy based on the
37	37	amount of electric energy produced from the conversion of wind
38	38	energy shall, on request from the landowner, provide the landowner
39	39	access to the records of the owner or operator relating to the wind
40	40	energy conversion system or wind energy facility for the purpose of
41	41	confirming the accuracy of payments made to the landowner. A
42	42	landowner may not request access to the records more frequently
43	43	than once each year.
44	44	(b) An owner or operator that receives a request under
45	45	Subsection (a) shall provide the landowner access to all records
46	46	necessary for the landowner to confirm the accuracy of payments
47	47	made to the landowner, including documents, data, and other
48	48	information, or copies of the records, documents, data, or
49	49	information. The records are subject to any confidentiality
50	50	requirements in a lease agreement between the landowner and the
51	51	owner or operator.
52	52	(c) The owner or operator shall comply with the landowner's
53	53	request to access the records within a reasonable time.
54	54	(d) The owner or operator shall:
55	55	(1) provide access to the records in a reasonable
56	56	location and manner that affords the landowner reasonable access to
57	57	the records during normal business hours; and
58	58	(2) allow the landowner a reasonable period of time to
59	59	examine the records.
60	60	(e) A landowner may not cause undue disruption to the
61	61	operations of an owner or operator when examining records under
62	62	this section.
63	63	(f) Not later than the 10th day before the date an owner of a
64	64	wind energy conversion system or wind energy facility enters into a
65	65	lease agreement with a landowner that allows the owner to operate
66	66	the system or facility on the landowner's property, the owner must
67	67	send to the landowner, by first class mail or otherwise:
68	68	(1) a written disclosure that the landowner will be
69	69	entitled to access the records of the owner for the purpose of
70	70	confirming the accuracy of payments made to the landowner; and
71	71	(2) a written insurance disclosure that states that
72	72	the owner:
73	73	(A) will not maintain insurance applicable to the
74	74	system or facility; or
75	75	(B) will maintain an insurance policy applicable
76	76	to the system or facility or will maintain a self-insurance plan
77	77	applicable to the system or facility.
78	78	(g) The disclosure required by Subsection (f) must be made
79	79	in a document that is separate from the lease.
80	80	(h) If an owner notifies a landowner under Subsection (f)(2)
81	81	that the owner will maintain an insurance policy and the policy
82	82	allows the landowner to be named as an additional insured on the
83	83	policy, the owner must include with the notice a statement that the
84	84	landowner may be named as an additional insured on the policy.
85	85	Sec. 212.004. ENFORCEMENT BY ATTORNEY GENERAL. The
86	86	attorney general may enforce the provisions of this chapter.
87	87	SECTION 2. Sections 212.003(f), (g), and (h), Natural
88	88	Resources Code, as added by this Act, apply only to a lease
89	89	agreement entered into on or after the effective date of this Act.
90	90	A lease agreement entered into before the effective date of this Act
91	91	is governed by the law as it existed immediately before the
92	92	effective date of this Act, and that law is continued in effect for
93	93	that purpose.
94	94	SECTION 3. This Act takes effect January 1, 2014.