HB 2845

86(R) - 2019
House State Affairs
House State Affairs

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Terry Canales
Dustin Burrows
Travis Clardy
Drew Darby
Dade Phelan


J.M. Lozano


Brandon Creighton

Bill Caption

Relating to the removal of wind power facilities.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 2845 would require and prohibit certain contract provisions between a landowner and grantee (a lessee or operator of a wind power facility on the property). More specifically, it would void any provision in a wind power facility agreement that purported to waive a right or exempt a grantee from a liability or duty established in the relevant chapter. It would require that the lease agreement provide that the grantee is responsible for removing the wind power facilities from the property, and adds specific requirements for doing so. It would also require that the lease agreement provide that the grantee shall obtain and deliver to the landowner a bond or other financial assurance to secure performance of the grantee's obligation to remove the grantee's wind power facilities. 

Vote Recommendation Notes

Texas Action remains neutral on HB 2845 due to conflicting principles. On one hand this bill would strengthen the property rights of landowners with regard to wind power facility leases, but on the other hand, it would interfere with private contracts by prohibiting certain waivers and requiring certain provisions. Therefore, we remain neutral on this bill.