89R23990 RAL-D     By: Smithee H.B. No. 4511     Substitute the following for H.B. No. 4511:     By:  King C.S.H.B. No. 4511       A BILL TO BE ENTITLED   AN ACT   relating to wind energy 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 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 surface estate   and a wind energy developer to develop wind-powered energy   generation by means of the installation of equipment and necessary   facilities on the subject property.                (2)  "Wind energy developer" means the lessee, grantee,   easement holder, licensee, or similar party under a wind energy   agreement.                (3)  "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.  RIGHT OF SURFACE ESTATE OWNER TO CAPTURE AND   EMPLOY WIND ENERGY. The owner of a surface estate has an inherent   right, either directly or through a wind energy developer under a   wind energy agreement, to capture and employ the kinetic energy of   the wind. The right described by this section is not severable from   the surface estate.          Sec. 303.0003.  WIND ENERGY AGREEMENT. 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.          Sec. 303.0004.  TERMINATION; RELEASE. (a) If a wind energy   agreement expires or is terminated, each wind energy developer that   owned the wind energy agreement at the time the agreement expired or   terminated shall record a release of the expired or terminated   agreement in the office of the county clerk in the county where the   land subject to the agreement is located.          (b)  If a wind energy developer fails to record a release as   required by Subsection (a), the owner of the surface estate or the   owner's agent may request a wind energy developer shown as the wind   energy developer of record for the agreement to record the release.   The request must be:                (1)  in writing; and                (2)  delivered to the last-known address of the wind   energy developer:                      (A)  personally; or                      (B)  by certified mail, first class postage   prepaid, and return receipt requested.          (c)  In the absence of a good faith claim that the wind energy   agreement is in force and effect, a wind energy developer who   receives a request under Subsection (b) shall, not later than 90   days after the date the request is received:                (1)  record the release as required by Subsection (a);   or                (2)  inform the owner of the surface estate or the   owner's agent:                      (A)  that the wind energy developer no longer owns   the wind energy agreement; and                      (B)  of the name of the party that succeeded to the   wind energy developer's interest.          (d)  An owner of the surface estate or the owner's agent that   receives notice under Subsection (c)(2) may request the successor   in interest to record a release in the manner provided by Subsection   (b). If the interest of a wind energy developer 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 or record a notice of the transfer   and then record the release required by Subsection (c); or                (2)  cause the wind energy developer shown as the wind   energy developer of record for the agreement 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.          Sec. 303.0005.  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, 2025.