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AN ACT
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relating to the authority of a municipality to regulate the |
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installation or inspection of a residential energy backup system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 214.211, Local Government Code, is |
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amended by adding Subdivision (6) to read as follows: |
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(6) "Residential energy backup system" means a backup |
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energy system installed at a residential property that is capable |
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of providing no more than 50 kilowatts of electricity to the |
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residence or has a storage capacity of no more than 100 kilowatt |
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hours. |
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SECTION 2. Section 214.214, Local Government Code, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) A municipality may not adopt or enforce an amendment to |
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the National Electrical Code that would regulate the installation |
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or inspection of a residential energy backup system. |
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(e) Subsection (d) does not limit the authority of a |
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municipally owned utility, as defined by Section 11.003, Utilities |
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Code, to regulate the installation or inspection of a residential |
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energy backup system within the utility's service area. |
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SECTION 3. The heading to Subchapter C, Chapter 229, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. REGULATION OF SOLAR ENERGY AND BACKUP ENERGY DEVICES |
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SECTION 4. Subchapter C, Chapter 229, Local Government |
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Code, is amended by adding Section 229.102 to read as follows: |
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Sec. 229.102. REGULATION OF RESIDENTIAL ENERGY BACKUP |
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SYSTEMS. (a) In this section, "residential energy backup system" |
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means a backup energy system installed at a residential property |
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that is capable of providing no more than 50 kilowatts of |
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electricity to the residence or has a storage capacity of no more |
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than 100 kilowatt hours. |
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(b) A municipality may not adopt or enforce an ordinance, |
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rule, or other measure that would regulate the installation or |
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inspection of a residential energy backup system. |
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(c) This section does not limit the authority of a |
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municipally owned utility, as defined by Section 11.003, Utilities |
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Code, to regulate the installation or inspection of a residential |
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energy backup system within the utility's service area. |
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SECTION 5. The changes in law made by this Act apply only to |
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the installation or inspection of a residential energy backup |
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system initiated on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1252 passed the Senate on |
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March 21, 2025, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1252 passed the House on |
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May 21, 2025, by the following vote: Yeas 137, Nays 6, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |