88R29233 SHH-D
 
  By: Zaffirini, et al. S.B. No. 2250
 
  (Lambert)
 
  Substitute the following for S.B. No. 2250:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the execution of a certificate of completion and to
  imposing certain requirements under a retail installment contract
  for the purchase of solar panels.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 345, Finance Code, is
  amended by adding Section 345.0811 to read as follows:
         Sec. 345.0811.  CERTIFICATE OF COMPLETION FOR SOLAR PANEL
  RETAIL INSTALLMENT CONTRACT; CONSEQUENCE OF CERTAIN FAILED
  BUILDING CODE INSPECTIONS. (a) A retail buyer who is required by a
  retail seller of solar panels to execute a certificate of
  completion is entitled to deferment of installment under Section
  345.069 if:
               (1)  a solar panel installation purchased under a
  retail installment contract fails a building code inspection
  resulting from the installation of the solar panels not later than
  the first anniversary of the execution of the certificate of
  completion covering the installation; and
               (2)  the retail buyer notifies the retail seller of the
  failed building code inspection not later than the 30th day after
  the date of the inspection.
         (b)  A retail buyer is entitled to a deferment of installment
  under Subsection (a) for the period:
               (1)  beginning on the date the retail buyer notifies
  the retail seller of the failed building code inspection under
  Subsection (a)(2); and
               (2)  ending on the date the retail seller corrects the
  work cited by the failed inspection.
         (c)  If a retail seller of solar panels does not correct the
  work cited by the failed building code inspection before the 91st
  day after the date the retail seller receives the notice under
  Subsection (a)(2):
               (1)  the certificate of completion is void;
               (2)  the retail seller shall exercise reasonable care
  to remove the solar panel installation and correct any incidental
  damage to the real property resulting from the installation and
  removal; and
               (3)  the retail buyer is entitled to rescind the retail
  installment contract and receive a refund of all payments under or
  in contemplation of the contract.
         SECTION 2.  Section 345.0811, Finance Code, as added by this
  Act, applies only to a retail installment contract entered into on
  or after the effective date of this Act. A retail installment
  contract entered into before the effective date of this Act is
  governed by the law in effect on the date the contract was entered
  into, and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.