BILL ANALYSIS

 

 

 

S.B. 2864

By: Creighton

Licensing & Administrative Procedures

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The bill sponsor has informed the committee that current law and building codes permit the use of roofing systems that incorporate integrated photovoltaic technology and that building integrated photovoltaics (BIPV) serve as both the roofing material and the solar component, providing a watertight barrier while supporting energy generation. However, the bill sponsor has further informed the committee that many municipalities continue to treat BIPV as rack-mounted solar panel systems installed on top of roofing material, rather than the building material itself, and that this misinterpretation can lead to confusion and inconsistency across municipalities that may result in permitting delays, fines, and added costs for contractors and homeowners. S.B. 2864 seeks to address this issue by clarifying that current law does not apply to a roofing contractor who installs a roofing material containing integrated photovoltaic technology, provided the contractor does not connect the material to the building's electrical wiring system and by prohibiting municipalities and regional authorities from adopting or enforcing regulations that would prohibit roofing contractors from installing such materials under the same condition.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

S.B. 2864 amends the Occupations Code to establish that the Texas Electrical Safety and Licensing Act does not apply to a roofing contractor who installs on a building a roofing material containing integrated photovoltaic technology if the contractor does not connect the material to the electrical wiring system of the building. The bill prohibits a municipality or region from adopting or enforcing an ordinance or other regulation applicable to electrical work that prohibits the installation of such roofing material on a building by a roofing contractor if the contractor does not connect the material to the electrical wiring system of the building.

 

EFFECTIVE DATE

 

September 1, 2025.