88R29233 SHH-D
By: Zaffirini, et al. S.B. No. 2250
(Lambert)
Substitute the following for S.B. No. 2250: No.
A BILL TO BE ENTITLED
AN ACT
relating to the execution of a certificate of completion and to
imposing certain requirements under a retail installment contract
for the purchase of solar panels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 345, Finance Code, is
amended by adding Section 345.0811 to read as follows:
Sec. 345.0811. CERTIFICATE OF COMPLETION FOR SOLAR PANEL
RETAIL INSTALLMENT CONTRACT; CONSEQUENCE OF CERTAIN FAILED
BUILDING CODE INSPECTIONS. (a) A retail buyer who is required by a
retail seller of solar panels to execute a certificate of
completion is entitled to deferment of installment under Section
345.069 if:
(1) a solar panel installation purchased under a
retail installment contract fails a building code inspection
resulting from the installation of the solar panels not later than
the first anniversary of the execution of the certificate of
completion covering the installation; and
(2) the retail buyer notifies the retail seller of the
failed building code inspection not later than the 30th day after
the date of the inspection.
(b) A retail buyer is entitled to a deferment of installment
under Subsection (a) for the period:
(1) beginning on the date the retail buyer notifies
the retail seller of the failed building code inspection under
Subsection (a)(2); and
(2) ending on the date the retail seller corrects the
work cited by the failed inspection.
(c) If a retail seller of solar panels does not correct the
work cited by the failed building code inspection before the 91st
day after the date the retail seller receives the notice under
Subsection (a)(2):
(1) the certificate of completion is void;
(2) the retail seller shall exercise reasonable care
to remove the solar panel installation and correct any incidental
damage to the real property resulting from the installation and
removal; and
(3) the retail buyer is entitled to rescind the retail
installment contract and receive a refund of all payments under or
in contemplation of the contract.
SECTION 2. Section 345.0811, Finance Code, as added by this
Act, applies only to a retail installment contract entered into on
or after the effective date of this Act. A retail installment
contract entered into before the effective date of this Act is
governed by the law in effect on the date the contract was entered
into, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.