By: Schwertner  S.B. No. 1252
         (In the Senate - Filed February 12, 2025;
  February 28, 2025, read first time and referred to Committee on
  Business & Commerce; March 19, 2025, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 9,
  Nays 1; March 19, 2025, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1252 By:  Schwertner
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority of a municipality to regulate the
  installation or inspection of a residential energy backup system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 214.211, Local Government Code, is
  amended by adding Subdivision (6) to read as follows:
               (6)  "Residential energy backup system" means a backup
  energy system installed at a residential property that is capable
  of providing no more than 50 kilowatts of electricity to the
  residence or has a storage capacity of no more than 100 kilowatt
  hours.
         SECTION 2.  Section 214.214, Local Government Code, is
  amended by adding Subsections (d) and (e) to read as follows:
         (d)  A municipality may not adopt or enforce an amendment to
  the National Electrical Code that would regulate the installation
  or inspection of a residential energy backup system.
         (e)  Subsection (d) does not limit the authority of a
  municipally owned utility, as defined by Section 11.003, Utilities
  Code, to regulate the installation or inspection of a residential
  energy backup system within the utility's service area.
         SECTION 3.  The heading to Subchapter C, Chapter 229, Local
  Government Code, is amended to read as follows:
  SUBCHAPTER C. REGULATION OF SOLAR ENERGY AND BACKUP ENERGY DEVICES
         SECTION 4.  Subchapter C, Chapter 229, Local Government
  Code, is amended by adding Section 229.102 to read as follows:
         Sec. 229.102.  REGULATION OF RESIDENTIAL ENERGY BACKUP
  SYSTEMS. (a)  In this section, "residential energy backup system"
  means a backup energy system installed at a residential property
  that is capable of providing no more than 50 kilowatts of
  electricity to the residence or has a storage capacity of no more
  than 100 kilowatt hours.
         (b)  A municipality may not adopt or enforce an ordinance,
  rule, or other measure that would regulate the installation or
  inspection of a residential energy backup system.
         (c)  This section does not limit the authority of a
  municipally owned utility, as defined by Section 11.003, Utilities
  Code, to regulate the installation or inspection of a residential
  energy backup system within the utility's service area.
         SECTION 5.  The changes in law made by this Act apply only to
  the installation or inspection of a residential energy backup
  system initiated on or after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2025.
 
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