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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of certain wind-powered devices near |
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certain aviation facilities and the receipt of certain ad valorem |
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tax incentives for property on which such devices are constructed |
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or installed; authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 320, Tax Code, is amended by adding |
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Section 320.002 to read as follows: |
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Sec. 320.002. PROPERTY INELIGIBLE FOR TAX INCENTIVES. (a) |
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In this section: |
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(1) "Military aviation facility" has the meaning |
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assigned by Section 312.0021. |
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(2) "Qualifying property" means a parcel of land that |
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is located wholly or partly in a reinvestment zone, a new building |
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constructed on the parcel of land, a new improvement erected or |
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affixed on the parcel of land, or tangible personal property placed |
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in service in the building or improvement or on the parcel of land. |
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(3) "Wind-powered energy device" has the meaning |
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assigned by Section 11.27. |
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(b) Notwithstanding any other law, an owner of qualifying |
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property may not receive an exemption from ad valorem taxation or a |
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limitation on appraised value for the qualifying property under an |
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agreement entered into under a law enacted as part of a program to |
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encourage economic development in an area designated as a |
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reinvestment zone if, on or after the date the agreement is entered |
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into, a wind-powered energy device is installed or constructed on |
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the qualifying property at a location that is within 25 nautical |
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miles of the boundaries of a military aviation facility located in |
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this state. The prohibition provided by this subsection applies |
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regardless of whether the wind-powered energy device is installed |
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or constructed at a location that is in the reinvestment zone. |
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SECTION 2. Section 39.002, Utilities Code, as amended by |
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Chapters 908 (H.B. 4492) and 950 (S.B. 1580), Acts of the 87th |
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Legislature, Regular Session, 2021, is reenacted and amended to |
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read as follows: |
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Sec. 39.002. APPLICABILITY. This chapter, other than |
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Sections 39.151, 39.1516, 39.155, 39.157(e), 39.159, 39.160, |
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39.203, 39.904, 39.9051, 39.9052, 39.9056, and 39.914(e), and |
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Subchapters M and N, does not apply to a municipally owned utility |
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or an electric cooperative. Sections 39.157(e), 39.203, and |
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39.904, however, apply only to a municipally owned utility or an |
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electric cooperative that is offering customer choice. If there is |
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a conflict between the specific provisions of this chapter and any |
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other provisions of this title, except for Chapters 40 and 41, the |
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provisions of this chapter control. |
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SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.9056 to read as follows: |
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Sec. 39.9056. OPERATION OF WIND-POWERED GENERATION |
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FACILITY NEAR JOINT-USE AIRPORT. (a) In this section, "joint-use |
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airport" means an airport: |
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(1) that is owned or operated by a United States Army |
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mobilization force generation installation; |
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(2) at which both military and civilian aircraft make |
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shared use of the airfield; and |
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(3) that provides air traffic control for all military |
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and civilian aircraft operating within 60 nautical miles of the |
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airport's boundaries. |
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(b) A power generation company or other person required by |
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commission rule to register with the commission before generating |
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electricity may not operate a wind-powered generation facility in |
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the ERCOT power region at a location that is within 65 nautical |
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miles of the boundaries of a joint-use airport located in this |
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state. |
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(c) An electric cooperative or municipally owned utility |
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may not operate a wind-powered generation facility in the ERCOT |
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power region at a location that is within 65 nautical miles of the |
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boundaries of a joint-use airport located in this state. |
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(d) The commission may impose an administrative penalty |
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under Section 15.023 on an electric cooperative or municipally |
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owned utility that violates Subsection (c). |
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SECTION 4. Section 320.002, Tax Code, as added by this Act, |
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applies only to ad valorem taxes imposed for a tax year beginning on |
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or after January 1, 2024. |
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SECTION 5. Section 39.9056, Utilities Code, as added by |
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this Act, applies only to a wind-powered generation facility |
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installed on or after the effective date of this Act. A wind-powered |
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generation facility installed before the effective date of this Act |
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is governed by the law as it existed immediately before that date, |
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and that law is continued in effect for that purpose. |
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SECTION 6. (a) To the extent of any conflict, Section 1 of |
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this Act prevails over another Act of the 88th Legislature, Regular |
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Session, 2023, regardless of the relative dates of enactment. |
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(b) It is the intent of the 88th Legislature, Regular |
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Session, 2023, that the amendments made by Sections 2 and 3 of this |
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Act be harmonized with another Act of the 88th Legislature, Regular |
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Session, 2023, relating to nonsubstantive additions to and |
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corrections in enacted codes. |
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SECTION 7. This Act takes effect September 1, 2023. |