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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal and county regulation of certain electric |
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energy storage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 247, Local Government Code, as added by |
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Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended by adding Section 247.004 to read as |
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follows: |
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Sec. 247.004. REGULATION OF ELECTRIC ENERGY STORAGE. (a) |
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This section applies only to electric energy storage intended to be |
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used to sell at wholesale energy or ancillary services, as defined |
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by Section 35.004, Utilities Code. |
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(b) A municipality by ordinance and a county by order shall |
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prohibit the installation of electric energy storage within 500 |
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yards of real property owned by a person other than the owner or |
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operator of the proposed storage unless the owner or operator of the |
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proposed storage obtains written consent from each owner of the |
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real property. |
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(c) For the purposes of this section, the measurement of |
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distance between an electric energy storage structure and a |
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property line shall be taken from the point on the structure that is |
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nearest to the nearest point on the property line. |
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(d) A county may not regulate under Subsection (b) the |
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installation of electric energy storage within the corporate |
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boundaries of a municipality. |
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SECTION 2. Not later than October 1, 2025, a municipality by |
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ordinance and a county by order shall adopt a prohibition on the |
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installation of electric energy storage as required by Section |
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247.004, Local Government Code, as added by this Act. The ordinance |
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or order may not require the removal of any electric energy storage |
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the installation of which began before the effective date of the |
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ordinance or order. |
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SECTION 3. This Act takes effect September 1, 2025. |