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A BILL TO BE ENTITLED
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AN ACT
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relating to third-party review of property development documents |
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and inspections of improvements related to those documents, |
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including home backup power installations. |
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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 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended by adding Section 247.0025 to read as |
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follows: |
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Sec. 247.0025. THIRD-PARTY REVIEW OR INSPECTION FOR HOME |
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BACKUP POWER INSTALLATIONS. (a) In this section, "home backup |
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power installation" means an electric generating facility, an |
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energy storage facility, a standby system, and any associated |
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infrastructure and equipment intended to provide electrical power |
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to a one- or two-family dwelling, regardless of whether the |
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facility or system is capable of participating in a wholesale |
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electric market, that is connected at 600 volts or less. |
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(b) This section does not limit the authority of: |
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(1) an electric utility to implement the utility's |
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tariff; or |
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(2) an electric cooperative or a municipally owned |
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utility to enforce interconnection and service policies. |
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(c) Notwithstanding Section 247.002: |
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(1) a person authorized to review a development |
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document under Section 247.002(a) may review a development document |
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required by a regulatory authority to install a home backup power |
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installation without having to submit the document to the authority |
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for review; and |
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(2) a person authorized to conduct a development |
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inspection under Section 247.002(b) may conduct a development |
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inspection required by a regulatory authority to install a home |
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backup power installation without having to request the inspection |
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from the authority. |
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(d) A regulatory authority shall: |
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(1) post on the authority's Internet website each law, |
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rule, standard, fee schedule, and other document necessary for a |
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person to review a development document or conduct a development |
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inspection under this section; or |
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(2) provide on request an electronic copy of the |
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information described by Subdivision (1) not later than the second |
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business day after the date the regulatory authority receives the |
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request. |
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(e) A person who reviews a development document or conducts |
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a development inspection under this section may: |
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(1) use software designed to automate the required |
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review without that person performing additional manual review; and |
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(2) rely on the accuracy and completeness of the |
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information provided by a regulatory authority under Subsection |
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(d). |
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(f) If a regulatory authority has not posted on the |
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authority's Internet website or provided upon request information |
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as required under Subsection (d), a person reviewing a development |
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document or conducting a development inspection of a home backup |
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power installation under this section may use: |
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(1) the applicable building code standards under |
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Section 214.212 for a dwelling located in a municipality; or |
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(2) the applicable building code standards under |
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Section 233.153 for a dwelling located in the unincorporated area |
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of a county. |
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(g) A regulatory authority that has not posted or provided a |
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fee schedule as required by Subsection (d) may not charge a fee for |
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issuance of an approval, permit, or certification for a home backup |
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power installation under this section. |
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(h) A regulatory authority shall issue each approval, |
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permit, or certification applicable to a review of a development |
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document or development inspection conducted under this section not |
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later than the second business day after the date the authority |
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receives the notice prescribed by Section 247.004(a) that approves |
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the document or inspection. |
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(i) A person may begin construction of a home backup power |
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installation on submission of the notice prescribed by Section |
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247.004(a) that approves the development document. |
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(j) This section does not limit or otherwise affect a |
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regulatory authority's civil liability or immunity, including |
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applicable liability under Sections 101.021 and 101.0215, Civil |
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Practice and Remedies Code, and a regulatory authority's |
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governmental immunity, applicable to a development document or |
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development inspection conducted under this section. |
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SECTION 2. Section 247.003, Local Government Code, as added |
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by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended to read as follows: |
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Sec. 247.003. ADDITIONAL FEE PROHIBITED. A regulatory |
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authority may not impose a fee related to the review of a |
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development document or the inspection of an improvement conducted |
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under this chapter [Section 247.002]. |
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SECTION 3. Section 247.004, Local Government Code, as added |
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by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended to read as follows: |
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Sec. 247.004. THIRD-PARTY REQUIREMENTS. (a) A person who |
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reviews a development document or conducts a development inspection |
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under this chapter [Section 247.002] shall: |
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(1) review the document, conduct the inspection, and |
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take all other related actions in accordance with all applicable |
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provisions of law; and |
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(2) not later than the 15th day after the date the |
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person completes the review or inspection, provide notice to the |
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regulatory authority of the results of the review or inspection. |
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(b) A regulatory authority may prescribe a reasonable |
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format for the notice required under Subsection (a). If the |
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regulatory authority has not prescribed a format, a person who |
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reviews a development document or conducts a development inspection |
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under this chapter may provide notice by e-mail to the e-mail |
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address of the regulatory authority. |
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(c) The format prescribed by a regulatory authority under |
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Subsection (b) may not limit a person who reviews a development |
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document or conducts a development inspection under this chapter |
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from using software designed to automate the review or approval |
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process without that person performing additional manual review. |
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SECTION 4. This Act takes effect September 1, 2025. |