| 1 | 1 | | 89R4893 CS-D |
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| 2 | 2 | | By: Dean H.B. No. 2304 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to third-party review of property development documents |
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| 10 | 10 | | and inspections of improvements related to those documents, |
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| 11 | 11 | | including home backup power installations. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 247, Local Government Code, as added by |
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| 14 | 14 | | Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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| 15 | 15 | | Session, 2023, is amended by adding Section 247.0025 to read as |
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| 16 | 16 | | follows: |
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| 17 | 17 | | Sec. 247.0025. THIRD-PARTY REVIEW OR INSPECTION FOR HOME |
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| 18 | 18 | | BACKUP POWER INSTALLATIONS. (a) In this section, "home backup |
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| 19 | 19 | | power installation" means an electric generating facility, |
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| 20 | 20 | | including an energy storage facility and any associated |
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| 21 | 21 | | infrastructure and equipment, intended to provide electrical power |
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| 22 | 22 | | to a one- or two-family dwelling that is connected at 600 volts or |
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| 23 | 23 | | less. |
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| 24 | 24 | | (b) Notwithstanding Section 247.002: |
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| 25 | 25 | | (1) a person authorized to review a development |
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| 26 | 26 | | document under Section 247.002(a) may review a development document |
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| 27 | 27 | | required by a regulatory authority to install a home backup power |
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| 28 | 28 | | installation without having to submit the document to the authority |
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| 29 | 29 | | for review; and |
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| 30 | 30 | | (2) a person authorized to conduct a development |
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| 31 | 31 | | inspection under Section 247.002(b) may conduct a development |
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| 32 | 32 | | inspection required by a regulatory authority to install a home |
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| 33 | 33 | | backup power installation without having to request the inspection |
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| 34 | 34 | | from the authority. |
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| 35 | 35 | | (c) A regulatory authority shall: |
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| 36 | 36 | | (1) post on the authority's Internet website each law, |
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| 37 | 37 | | rule, standard, and other document necessary for a person to review |
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| 38 | 38 | | a development document or conduct a development inspection under |
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| 39 | 39 | | this section; or |
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| 40 | 40 | | (2) provide on request an electronic copy of the |
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| 41 | 41 | | information described by Subdivision (1) not later than the second |
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| 42 | 42 | | business day after the date the regulatory authority receives the |
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| 43 | 43 | | request. |
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| 44 | 44 | | (d) A person who reviews a development document or conducts |
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| 45 | 45 | | a development inspection under this section may rely on the |
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| 46 | 46 | | accuracy and completeness of the information provided by a |
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| 47 | 47 | | regulatory authority under Subsection (c). |
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| 48 | 48 | | (e) A regulatory authority shall issue each approval, |
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| 49 | 49 | | permit, or certification applicable to a review of a development |
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| 50 | 50 | | document or development inspection conducted under this section not |
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| 51 | 51 | | later than the second business day after the date the authority |
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| 52 | 52 | | receives the notice prescribed by Section 247.004(a) that approves |
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| 53 | 53 | | the document or inspection. |
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| 54 | 54 | | (f) A person may begin construction of a home backup power |
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| 55 | 55 | | installation on submission of the notice prescribed by Section |
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| 56 | 56 | | 247.004(a) that approves the development document or development |
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| 57 | 57 | | inspection. |
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| 58 | 58 | | SECTION 2. Section 247.003, Local Government Code, as added |
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| 59 | 59 | | by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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| 60 | 60 | | Session, 2023, is amended to read as follows: |
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| 61 | 61 | | Sec. 247.003. ADDITIONAL FEE PROHIBITED. A regulatory |
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| 62 | 62 | | authority may not impose a fee related to the review of a |
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| 63 | 63 | | development document or the inspection of an improvement conducted |
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| 64 | 64 | | under this chapter [Section 247.002]. |
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| 65 | 65 | | SECTION 3. Section 247.004, Local Government Code, as added |
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| 66 | 66 | | by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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| 67 | 67 | | Session, 2023, is amended to read as follows: |
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| 68 | 68 | | Sec. 247.004. THIRD-PARTY REQUIREMENTS. (a) A person who |
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| 69 | 69 | | reviews a development document or conducts a development inspection |
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| 70 | 70 | | under this chapter [Section 247.002] shall: |
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| 71 | 71 | | (1) review the document, conduct the inspection, and |
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| 72 | 72 | | take all other related actions in accordance with all applicable |
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| 73 | 73 | | provisions of law; and |
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| 74 | 74 | | (2) not later than the 15th day after the date the |
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| 75 | 75 | | person completes the review or inspection, provide notice to the |
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| 76 | 76 | | regulatory authority of the results of the review or inspection. |
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| 77 | 77 | | (b) A regulatory authority may prescribe a reasonable |
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| 78 | 78 | | format for the notice required under Subsection (a). If the |
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| 79 | 79 | | regulatory authority has not prescribed a format, a person who |
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| 80 | 80 | | reviews a development document or conducts a development inspection |
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| 81 | 81 | | under this chapter may provide notice by e-mail to the e-mail |
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| 82 | 82 | | address of the regulatory authority. |
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| 83 | 83 | | SECTION 4. This Act takes effect September 1, 2025. |
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