Texas 2025 - 89th Regular

Texas House Bill HB4511 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R16313 RAL-D
2	2	By: Smithee H.B. No. 4511
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5	5
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to wind energy rights and wind energy development
10	10	agreements.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 6, Utilities Code, is amended by adding
13	13	Chapter 303 to read as follows:
14	14	CHAPTER 303. WIND ENERGY RIGHTS AND RELATED AGREEMENTS
15	15	Sec. 303.0001. DEFINITIONS. In this chapter:
16	16	(1) "Wind energy agreement" means a lease, license,
17	17	easement, or other agreement between the owner of a wind energy
18	18	right and a wind energy developer to develop wind-powered energy
19	19	generation.
20	20	(2) "Wind energy developer" means the lessee, easement
21	21	holder, licensee, or similar party under a wind energy agreement.
22	22	(3) "Wind energy developer of record" means the wind
23	23	energy developer named in a recorded wind energy agreement or, if
24	24	the wind energy agreement has been transferred by a recorded
25	25	document, the most recent transferee of the rights of the original
26	26	wind energy developer identified in the recorded document.
27	27	(4) "Wind energy right" means the right of the owner of
28	28	a surface estate, either directly or through a wind energy
29	29	developer under a wind energy agreement, to capture and employ the
30	30	kinetic energy of the wind or a person to whom that right has been
31	31	transferred.
32	32	(5) "Wind-powered energy generation" means the
33	33	generation of electricity by means of a turbine or other device that
34	34	captures and employs the kinetic energy of the wind.
35	35	Sec. 303.0002. WIND ENERGY RIGHT. A wind energy right is
36	36	severable from the surface estate and may be transferred,
37	37	encumbered, or modified by agreement.
38	38	Sec. 303.0003. WIND ENERGY AGREEMENT. (a) A wind energy
39	39	agreement is subject to statutory and other rules of law to the same
40	40	extent as other agreements creating interests in or rights to use
41	41	real property.
42	42	(b) A wind energy agreement:
43	43	(1) may be recorded in the office of the county clerk
44	44	in the county where the land subject to the agreement is located;
45	45	and
46	46	(2) unless recorded as described in Subdivision (1),
47	47	is void as to any person who subsequently purchases rights in or to
48	48	the land for a valuable consideration, except as between the
49	49	parties to the agreement and as to those having notice of the
50	50	agreement.
51	51	(c) The county clerk shall index a wind energy agreement in
52	52	both the grantor and grantee indices under the name of each party to
53	53	the wind energy agreement.
54	54	(d) This section applies to any modification, assignment,
55	55	or encumbrance of a wind energy agreement.
56	56	Sec. 303.0004. TERMINATION; RELEASE. (a) If a wind energy
57	57	agreement expires or is terminated, the wind energy developer of
58	58	record shall record a release in the office of the county clerk in
59	59	the county where the land subject to the agreement is located.
60	60	(b) If the wind energy developer of record fails to record a
61	61	release as described by Subsection (a), the owner of the surface
62	62	estate or the owner of the wind energy right that is the subject of
63	63	the agreement or the owner's agent may request the wind energy
64	64	developer of record to record the release. The request must be:
65	65	(1) in writing; and
66	66	(2) delivered to the last-known address of the wind
67	67	energy developer of record:
68	68	(A) personally; or
69	69	(B) by certified mail, first class postage
70	70	prepaid, and return receipt requested.
71	71	(c) A wind energy developer of record who receives a request
72	72	under Subsection (b) shall, not later than 90 days after the date
73	73	the request is received, record the release as described by
74	74	Subsection (a).
75	75	(d) If the interest of the wind energy developer of record
76	76	has been transferred by an instrument that has not been recorded,
77	77	the transferee shall:
78	78	(1) first record the instrument by which the
79	79	transferee acquired the interest and then record the release
80	80	required by Subsection (c); or
81	81	(2) cause the wind energy developer of record to
82	82	record the release required by Subsection (c).
83	83	(e) A release recorded under this section must:
84	84	(1) identify the wind energy agreement with reasonable
85	85	clarity; and
86	86	(2) include:
87	87	(A) the names of the parties;
88	88	(B) the legal description of the land subject to
89	89	the agreement; and
90	90	(C) the applicable recording information of the
91	91	agreement.
92	92	(f) The county clerk shall index the release in both the
93	93	grantor and grantee indices under the name of each party identified
94	94	in the release.
95	95	Sec. 303.0005. FAILURE TO RECORD RELEASE; LIABILITY. (a) If
96	96	a wind energy developer of record who receives a request under
97	97	Section 303.0004(b) fails to record the release as required by
98	98	Section 303.0004(c), the wind energy developer of record is liable
99	99	to the owner of the surface estate and the owner of the wind energy
100	100	right that is the subject of the agreement for any damages caused by
101	101	the failure.
102	102	(b) The wind energy developer of record and every transferee
103	103	described in Section 303.0004(d) are jointly and severally liable
104	104	for any damages caused by the failure of:
105	105	(1) the wind energy developer of record to record the
106	106	release as required by Section 303.0004(c); or
107	107	(2) a transferee to comply with Section 303.0004(d).
108	108	Sec. 303.0006. TRANSFER OF PARTY'S INTEREST IN AGREEMENT.
109	109	Nothing in this chapter restricts the transfer of any interest of a
110	110	party to a wind energy agreement, including the transfer of the
111	111	right of the owner of the surface estate to receive payments under
112	112	the wind energy agreement.
113	113	SECTION 2. Nothing in this Act affects the validity of an
114	114	agreement entered into before the effective date of this Act.
115	115	SECTION 3. This Act takes effect September 1, 2025.