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A BILL TO BE ENTITLED
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AN ACT
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relating to wind energy facilities and the rights of owners of land |
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on which wind energy facilities are located. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 11, Natural Resources Code, is amended by |
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adding Chapter 212 to read as follows: |
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CHAPTER 212. WIND ENERGY FACILITIES |
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Sec. 212.001. DEFINITIONS. In this chapter: |
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(1) "Wind energy conversion system" means a system |
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that converts wind energy into electric energy through the use of a |
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wind turbine generator and includes a turbine, blade, tower, base, |
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and pad transformer, if any. |
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(2) "Wind energy facility" means an electric |
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generating facility that consists of one or more wind energy |
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conversion systems under common ownership or operating control and |
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the substations, meteorological data towers, aboveground and |
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underground electric transmission lines, transformers, control |
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systems, and other buildings or facilities used to support the |
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operation of the facility. |
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Sec. 212.002. APPLICABILITY. This chapter applies only to |
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a wind energy conversion system or wind energy facility: |
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(1) the primary purpose of which is to supply electric |
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energy to an off-site customer; and |
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(2) that is not located entirely on property held in |
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fee simple by the owner of the wind energy facility. |
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Sec. 212.003. RIGHTS OF LANDOWNER. (a) An owner or operator |
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of a wind energy conversion system or wind energy facility who pays |
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a landowner for the use of the landowner's property to generate |
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electric energy from the conversion of wind energy based on the |
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amount of electric energy produced from the conversion of wind |
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energy shall, on request from the landowner, provide the landowner |
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access to the records of the owner or operator relating to the wind |
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energy conversion system or wind energy facility for the purpose of |
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confirming the accuracy of payments made to the landowner. A |
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landowner may not request access to the records more frequently |
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than once each year. |
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(b) An owner or operator that receives a request under |
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Subsection (a) shall provide the landowner access to all records |
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necessary for the landowner to confirm the accuracy of payments |
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made to the landowner, including documents, data, and other |
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information, or copies of the records, documents, data, or |
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information. The records are subject to any confidentiality |
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requirements in a lease agreement between the landowner and the |
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owner or operator. |
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(c) The owner or operator shall comply with the landowner's |
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request to access the records within a reasonable time. |
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(d) The owner or operator shall: |
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(1) provide access to the records in a reasonable |
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location and manner that affords the landowner reasonable access to |
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the records during normal business hours; and |
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(2) allow the landowner a reasonable period of time to |
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examine the records. |
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(e) A landowner may not cause undue disruption to the |
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operations of an owner or operator when examining records under |
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this section. |
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(f) Not later than the 10th day before the date an owner of a |
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wind energy conversion system or wind energy facility enters into a |
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lease agreement with a landowner that allows the owner to operate |
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the system or facility on the landowner's property, the owner must |
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send to the landowner, by first class mail or otherwise: |
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(1) a written disclosure that the landowner will be |
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entitled to access the records of the owner for the purpose of |
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confirming the accuracy of payments made to the landowner; and |
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(2) a written insurance disclosure that states that |
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the owner: |
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(A) will not maintain insurance applicable to the |
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system or facility; or |
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(B) will maintain an insurance policy applicable |
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to the system or facility or will maintain a self-insurance plan |
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applicable to the system or facility. |
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(g) The disclosure required by Subsection (f) must be made |
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in a document that is separate from the lease. |
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(h) If an owner notifies a landowner under Subsection (f)(2) |
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that the owner will maintain an insurance policy and the policy |
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allows the landowner to be named as an additional insured on the |
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policy, the owner must include with the notice a statement that the |
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landowner may be named as an additional insured on the policy. |
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Sec. 212.004. ENFORCEMENT BY ATTORNEY GENERAL. The |
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attorney general may enforce the provisions of this chapter. |
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SECTION 2. Sections 212.003(f), (g), and (h), Natural |
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Resources Code, as added by this Act, apply only to a lease |
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agreement entered into on or after the effective date of this Act. |
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A lease agreement entered into before the effective date of this Act |
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is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect January 1, 2014. |