89R2015 SCL-D
 
  By: Morales of Harris H.B. No. 407
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to municipal and county requirements for solar energy
  device compatibility for certain residential construction;
  creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 214, Local Government
  Code, is amended by adding Section 214.222 to read as follows:
         Sec. 214.222.  SOLAR ENERGY DEVICE COMPATIBILITY REQUIRED.
  (a) In this section:
               (1)  "Electric cooperative" means an electric
  cooperative organized under Chapter 161, Utilities Code, or a
  predecessor statute to that chapter.
               (2)  "Electric utility" has the meaning assigned by
  Section 31.002, Utilities Code.
               (3)  "Municipally owned utility" has the meaning
  assigned by Section 11.003, Utilities Code.
               (4)  "Solar energy device" has the meaning assigned by
  Section 171.107, Tax Code.
         (b)  The governing body of a municipality by ordinance shall
  incorporate into its municipal building code a requirement that the
  construction of a new residential building suitable for one to four
  families must be compatible with the installation of a solar energy
  device that may be interconnected with an electric distribution
  system operated by the electric cooperative, electric utility, or
  municipally owned utility providing electric distribution service
  in the area in which the building is constructed, subject to:
               (1)  any applicable interconnection requirements of
  the electric cooperative, electric utility, or municipally owned
  utility;
               (2)  the rules of the Public Utility Commission of
  Texas; and
               (3)  as applicable, the protocols of an independent
  organization certified under Section 39.151, Utilities Code.
         (c)  A person who builds new residential construction
  described by Subsection (b) shall have the construction inspected
  by the municipality to ensure compliance with the building code
  provisions required by this section.
         (d)  A person who fails to comply with the requirement
  described by Subsection (b) or violates Subsection (c) commits an
  offense. An offense under this subsection is a Class C misdemeanor.
         SECTION 2.  Chapter 233, Local Government Code, is amended
  by adding Subchapter E to read as follows:
  SUBCHAPTER E. RESIDENTIAL BUILDING CODE STANDARDS
         Sec. 233.101.  SOLAR ENERGY DEVICE COMPATIBILITY REQUIRED.
  (a) In this section:
               (1)  "Electric cooperative" means an electric
  cooperative organized under Chapter 161, Utilities Code, or a
  predecessor statute to that chapter.
               (2)  "Electric utility" has the meaning assigned by
  Section 31.002, Utilities Code.
               (3)  "Municipally owned utility" has the meaning
  assigned by Section 11.003, Utilities Code.
               (4)  "Solar energy device" has the meaning assigned by
  Section 171.107, Tax Code.
         (b)  The commissioners court of a county by order shall
  incorporate into its county building code a requirement that the
  construction of a new residential building suitable for one to four
  families in the unincorporated area of the county must be
  compatible with the installation of a solar energy device that may
  be interconnected with an electric distribution system operated by
  the electric cooperative, electric utility, or municipally owned
  utility providing electric distribution service in the area in
  which the building is constructed, subject to:
               (1)  any applicable interconnection requirements of
  the electric cooperative, electric utility, or municipally owned
  utility;
               (2)  the rules of the Public Utility Commission of
  Texas; and
               (3)  as applicable, the protocols of an independent
  organization certified under Section 39.151, Utilities Code.
         (c)  A person who builds new residential construction
  described by Subsection (b) shall have the construction inspected
  by the county to ensure compliance with the building code
  provisions required by this section.
         (d)  A person who fails to comply with the requirement
  described by Subsection (b) or violates Subsection (c) commits an
  offense. An offense under this subsection is a Class C misdemeanor.
         SECTION 3.  Sections 214.222 and 233.101, Local Government
  Code, as added by this Act, apply only to new residential
  construction that begins on or after September 1, 2027.
         SECTION 4.  This Act takes effect September 1, 2025.