Texas 2023 - 88th Regular

Texas House Bill HB1443 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R26130 CXP/CJC-D
2	2	By: Slawson, Buckley, Rogers H.B. No. 1443
3	3	Substitute the following for H.B. No. 1443:
4	4	By: Dean C.S.H.B. No. 1443
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation of certain wind-powered devices near
10	10	certain aviation facilities and the receipt of certain ad valorem
11	11	tax incentives for property on which such devices are constructed
12	12	or installed; authorizing an administrative penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 320, Tax Code, is amended by adding
15	15	Section 320.002 to read as follows:
16	16	Sec. 320.002. PROPERTY INELIGIBLE FOR TAX INCENTIVES. (a)
17	17	In this section:
18	18	(1) "Military aviation facility" has the meaning
19	19	assigned by Section 312.0021.
20	20	(2) "Qualifying property" means a parcel of land that
21	21	is located wholly or partly in a reinvestment zone, a new building
22	22	constructed on the parcel of land, a new improvement erected or
23	23	affixed on the parcel of land, or tangible personal property placed
24	24	in service in the building or improvement or on the parcel of land.
25	25	(3) "Wind-powered energy device" has the meaning
26	26	assigned by Section 11.27.
27	27	(b) Notwithstanding any other law, an owner of qualifying
28	28	property may not receive an exemption from ad valorem taxation or a
29	29	limitation on appraised value for the qualifying property under an
30	30	agreement entered into under a law enacted as part of a program to
31	31	encourage economic development in an area designated as a
32	32	reinvestment zone if, on or after the date the agreement is entered
33	33	into, a wind-powered energy device is installed or constructed on
34	34	the qualifying property at a location that is within 25 nautical
35	35	miles of the boundaries of a military aviation facility located in
36	36	this state. The prohibition provided by this subsection applies
37	37	regardless of whether the wind-powered energy device is installed
38	38	or constructed at a location that is in the reinvestment zone.
39	39	SECTION 2. Section 39.002, Utilities Code, as amended by
40	40	Chapters 908 (H.B. 4492) and 950 (S.B. 1580), Acts of the 87th
41	41	Legislature, Regular Session, 2021, is reenacted and amended to
42	42	read as follows:
43	43	Sec. 39.002. APPLICABILITY. This chapter, other than
44	44	Sections 39.151, 39.1516, 39.155, 39.157(e), 39.159, 39.160,
45	45	39.203, 39.904, 39.9051, 39.9052, 39.9056, and 39.914(e), and
46	46	Subchapters M and N, does not apply to a municipally owned utility
47	47	or an electric cooperative. Sections 39.157(e), 39.203, and
48	48	39.904, however, apply only to a municipally owned utility or an
49	49	electric cooperative that is offering customer choice. If there is
50	50	a conflict between the specific provisions of this chapter and any
51	51	other provisions of this title, except for Chapters 40 and 41, the
52	52	provisions of this chapter control.
53	53	SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is
54	54	amended by adding Section 39.9056 to read as follows:
55	55	Sec. 39.9056. OPERATION OF WIND-POWERED GENERATION
56	56	FACILITY NEAR JOINT-USE AIRPORT. (a) In this section, "joint-use
57	57	airport" means an airport:
58	58	(1) that is owned or operated by a United States Army
59	59	mobilization force generation installation;
60	60	(2) at which both military and civilian aircraft make
61	61	shared use of the airfield; and
62	62	(3) that provides air traffic control for all military
63	63	and civilian aircraft operating within 60 nautical miles of the
64	64	airport's boundaries.
65	65	(b) A power generation company or other person required by
66	66	commission rule to register with the commission before generating
67	67	electricity may not operate a wind-powered generation facility in
68	68	the ERCOT power region at a location that is within 65 nautical
69	69	miles of the boundaries of a joint-use airport located in this
70	70	state.
71	71	(c) An electric cooperative or municipally owned utility
72	72	may not operate a wind-powered generation facility in the ERCOT
73	73	power region at a location that is within 65 nautical miles of the
74	74	boundaries of a joint-use airport located in this state.
75	75	(d) The commission may impose an administrative penalty
76	76	under Section 15.023 on an electric cooperative or municipally
77	77	owned utility that violates Subsection (c).
78	78	SECTION 4. Section 320.002, Tax Code, as added by this Act,
79	79	applies only to ad valorem taxes imposed for a tax year beginning on
80	80	or after January 1, 2024.
81	81	SECTION 5. Section 39.9056, Utilities Code, as added by
82	82	this Act, applies only to a wind-powered generation facility
83	83	installed on or after the effective date of this Act. A wind-powered
84	84	generation facility installed before the effective date of this Act
85	85	is governed by the law as it existed immediately before that date,
86	86	and that law is continued in effect for that purpose.
87	87	SECTION 6. (a) To the extent of any conflict, Section 1 of
88	88	this Act prevails over another Act of the 88th Legislature, Regular
89	89	Session, 2023, regardless of the relative dates of enactment.
90	90	(b) It is the intent of the 88th Legislature, Regular
91	91	Session, 2023, that the amendments made by Sections 2 and 3 of this
92	92	Act be harmonized with another Act of the 88th Legislature, Regular
93	93	Session, 2023, relating to nonsubstantive additions to and
94	94	corrections in enacted codes.
95	95	SECTION 7. This Act takes effect September 1, 2023.