BILL ANALYSIS

 

 

Senate Research Center

H.B. 3526

88R22090 KBB-D

By: Raymond (Springer)

 

Local Government

 

5/5/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, municipalities can classify a solar pergola as a permanent structure. Some jurisdictions require solar pergolas to be built within a certain distance of a home, or be attached to the home. This creates an issue where the building code can hinder the optimal positioning of a solar pergola for energy production. This bill creates an exception for solar pergolas from a municipal building code.

 

H.B. 3526 amends current law relating to the application of a municipal building code to the construction of a solar pergola.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter G, Chapter 214, Local Government Code, by adding Section 214.221, as follows:

 

Sec. 214.221. REGULATION OF SOLAR PERGOLAS. Prohibits a municipality from applying a municipal building code to the construction of a solar pergola.

 

SECTION 2.� Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2023.