Cross posting from the OB because it belongs on both.

Just read in the Texas Agriculture Law Blog that the Texas AG Office issued an opinion on 6/11 that wind leasing requires a TREC licence. That's going to cause some pain until, and if, the legislature makes a change, and apparently such a fix was in a bill in the 2023 session and was struck on the floor by an amendment.

https://agrilife.org/texasaglaw/2024/06/17/attorney-general-opines-trec-license-required-to-negotiate-wind-leases/

https://www.texasattorneygeneral.gov/opinions/ken-paxton/kp-0467

Does a ERW license count for this? If so, then this probably isn't that big of a deal. Most of the land folks I know working on wind and solar have their ERW because they've done (or still do) pipeline and electric transmission

No. The AG Opinion is very direct in pointing out the clear wording in the statute. This is a broker/sales agent thing.

The issue centers on leasing whole parcels of land, not ROW strips, for compensation as the agent of another. Think about it this way, could a warehouse owner hire a ROW agent to help them lease the property for 20 years to Amazon?

The statutory exception language for landmen doing mineral work is too narrowly tailored to minerals/mining to apply to wind/solar and cover that kind of leasing. The AG opinion even points out that the legislature struck such language in a floor debate/amendment vote last session.