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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the use of electric resistance as a primary |
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heat source in certain residential buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 388, Health and Safety Code, is amended |
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by adding Section 388.0045 to read as follows: |
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Sec. 388.0045. USE OF ELECTRIC RESISTANCE AS PRIMARY |
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HEATING SOURCE PROHIBITED IN CERTAIN RESIDENTIAL BUILDINGS. (a) |
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This section applies only to residential buildings with a dwelling |
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area greater than 500 square feet. |
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(b) Notwithstanding any requirement contained in an energy |
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code adopted under Section 388.003(a) or (b), or a local amendment |
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adopted under Section 388.003(d), and except as provided by |
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Subsection (c), the primary heat source for a dwelling unit may not |
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be electric resistance heating. |
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(c) This section does not apply to a dwelling unit that is |
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cooled using chilled water. |
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SECTION 2. (a) Section 388.0045, Health and Safety Code, as |
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added by this Act, applies only to residential building |
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construction, remodeling, alteration, enlargement, or repair that |
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begins under an agreement made on or after January 1, 2026, or that |
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begins, in the absence of an agreement, on or after that date. |
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Residential building construction, remodeling, alteration, |
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enlargement, or repair that begins under an agreement made before |
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January 1, 2026, or that begins, in the absence of an agreement, |
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before that date is governed by the law in effect when the agreement |
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was made or the activity began, as appropriate, and that law is |
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continued in effect for that purpose. |
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(b) Not later than December 1, 2025, municipalities shall |
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establish rules and take other necessary actions to implement |
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Section 388.0045, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |