88R8531 PRL-D
By: Smithee H.B. No. 2474
A BILL TO BE ENTITLED
AN ACT
relating to wind energy rights and wind energy development
agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Utilities Code, is amended by adding
Chapter 303 to read as follows:
CHAPTER 303. WIND ENERGY RIGHTS AND RELATED AGREEMENTS
Sec. 303.0001. DEFINITIONS. In this chapter:
(1) "Wind energy agreement" means a lease, license,
easement, or other agreement between the owner of a wind energy
right and a wind energy developer to develop wind-powered energy
generation.
(2) "Wind energy developer" means the lessee, easement
holder, licensee, or similar party under a wind energy agreement.
(3) "Wind energy developer of record" means the wind
energy developer named in a recorded wind energy agreement or, if
the wind energy agreement has been transferred by a recorded
document, the most recent transferee of the rights of the original
wind energy developer identified in the recorded document.
(4) "Wind energy right" means the right of the owner of
a surface estate, either directly or through a wind energy
developer under a wind energy agreement, to capture and employ the
kinetic energy of the wind.
(5) "Wind-powered energy generation" means the
generation of electricity by means of a turbine or other device that
captures and employs the kinetic energy of the wind.
Sec. 303.0002. WIND ENERGY RIGHT. A wind energy right is
not severable from the surface estate but may be created,
transferred, encumbered, or modified by agreement.
Sec. 303.0003. WIND ENERGY AGREEMENT. (a) A wind energy
agreement is subject to statutory and other rules of law to the same
extent as other agreements creating interests in or rights to use
real property.
(b) A wind energy agreement:
(1) may be recorded in the office of the county clerk
in the county where the land subject to the agreement is located;
and
(2) unless recorded as described in Subdivision (1),
is void as to any person who subsequently purchases rights in or to
the land for a valuable consideration, except as between the
parties to the agreement and as to those having notice of the
agreement.
(c) The county clerk shall index a wind energy agreement in
both the grantor and grantee indices under the name of each party to
the wind energy agreement.
(d) This section applies to any modification, assignment,
or encumbrance of a wind energy agreement.
Sec. 303.0004. TERMINATION; RELEASE. (a) If a wind energy
agreement expires or is terminated, the wind energy developer of
record shall record a release in the office of the county clerk in
the county where the land subject to the agreement is located.
(b) If the wind energy developer of record fails to record a
release as described by Subsection (a), the owner of the surface
estate or the owner's agent may request the wind energy developer of
record to record the release. The request must be:
(1) in writing; and
(2) delivered to the last-known address of the wind
energy developer of record:
(A) personally; or
(B) by certified mail, first class postage
prepaid, and return receipt requested.
(c) A wind energy developer of record who receives a request
under Subsection (b) shall, not later than 90 days after the date
the request is received, record the release as described by
Subsection (a).
(d) If the interest of the wind energy developer of record
has been transferred by an instrument that has not been recorded,
the transferee shall:
(1) first record the instrument by which the
transferee acquired the interest and then record the release
required by Subsection (c); or
(2) cause the wind energy developer of record to
record the release required by Subsection (c).
(e) A release recorded under this section must:
(1) identify the wind energy agreement with reasonable
clarity; and
(2) include:
(A) the names of the parties;
(B) the legal description of the land subject to
the agreement; and
(C) the applicable recording information of the
agreement.
(f) The county clerk shall index the release in both the
grantor and grantee indices under the name of each party identified
in the release.
Sec. 303.0005. FAILURE TO RECORD RELEASE; LIABILITY. (a) If
a wind energy developer of record who receives a request under
Section 303.0004(b) fails to record the release as required by
Section 303.0004(c), the wind energy developer of record is liable
to the owner of the surface estate for any damages caused by the
failure.
(b) The wind energy developer of record and every transferee
described in Section 303.0004(d) are jointly and severally liable
for any damages caused by the failure of:
(1) the wind energy developer of record to record the
release as required by Section 303.0004(c); or
(2) a transferee to comply with Section 303.0004(d).
Sec. 303.0006. TRANSFER OF PARTY'S INTEREST IN AGREEMENT.
Nothing in this chapter restricts the transfer of any interest of a
party to a wind energy agreement, including the transfer of the
right of the owner of the surface estate to receive payments under
the wind energy agreement.
SECTION 2. Nothing in this Act affects the validity of an
agreement entered into before the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.