Texas 2023 - 88th Regular

Texas House Bill HB3526

Filed
3/6/23  
Out of House Committee
4/17/23  
Voted on by House
4/28/23  
Out of Senate Committee
5/10/23  
Voted on by Senate
5/15/23  
Governor Action
6/2/23  

Caption

Relating to the application of a municipal building code to the construction of a solar pergola.

Impact

If enacted, HB3526 will significantly impact local building ordinances and regulations, effectively removing the power of municipalities to regulate solar pergolas under their building codes. This is expected to allow easier installation of solar pergolas, which may promote the growth of solar energy solutions among homeowners. Proponents of the bill believe that easing restrictions will contribute to increased energy efficiency and the wider adoption of solar energy technologies across the state.

Summary

House Bill 3526 seeks to change the application of municipal building codes regarding solar pergolas by stipulating that municipalities cannot apply these codes to the construction of such structures. Under current law, many municipalities classify solar pergolas as permanent structures and impose specific building requirements that may limit their optimal installation for energy needs. This bill aims to streamline the process of installing solar pergolas, which supporters argue will enhance solar energy production and promote renewable energy use within Texas.

Sentiment

The sentiment surrounding HB3526 is mixed. Supporters, including some legislators and environmental advocates, argue that the bill will facilitate renewable energy efforts and support homeowners seeking energy independence through solar energy. Conversely, there is notable opposition, particularly from organizations like the American Planning Association, which express concerns regarding local governance and regulatory authority. These opponents worry that the bill undermines local control by preventing cities from enacting building codes that align with their specific zoning laws and community needs.

Contention

One of the main points of contention stems from concerns about the potential precedent this bill sets for future local governance issues. Opponents argue that there has been no significant abuse of authority at the local level regarding solar pergola regulations and express fears that the bill may bypass necessary safety and structural guidelines meant to protect community interests. The discussions highlight a larger debate about the balance between state and local powers in determining regulations that affect community infrastructure and energy initiatives.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 214. Municipal Regulation Of Housing And Other Structures
    • Section: 221
    • Section: 221
    • Section: 221
    • Section: 221
    • Section: 221
  • Chapter 233. County Regulation Of Housing And Other Structures
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.