89R16313 RAL-D     By: Smithee H.B. No. 4511       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 or a person to whom that right has been   transferred.                (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   severable from the surface estate and may be 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 of the wind energy right that is the subject of   the agreement 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 and the owner of the wind energy   right that is the subject of the agreement 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, 2025.