Texas 2025 - 89th Regular

Texas House Bill HB3905 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5730 JXC-D
2	2	By: Dorazio H.B. No. 3905
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the interconnection or deployment of distributed
10	10	generation by or for retail electric customers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 17.004(a), Utilities Code, is amended to
13	13	read as follows:
14	14	(a) All buyers of telecommunications and retail electric
15	15	services are entitled to:
16	16	(1) protection from fraudulent, unfair, misleading,
17	17	deceptive, or anticompetitive practices, including protection from
18	18	being billed for services that were not authorized or provided;
19	19	(2) choice of a telecommunications service provider, a
20	20	retail electric provider, or an electric utility, where that choice
21	21	is permitted by law, and to have that choice honored;
22	22	(3) information in English and Spanish and any other
23	23	language as the commission deems necessary concerning rates, key
24	24	terms and conditions, and the basis for any claim of environmental
25	25	benefits of certain production facilities;
26	26	(4) protection from discrimination on the basis of
27	27	race, color, sex, nationality, religion, marital status, income
28	28	level, or source of income and from unreasonable discrimination on
29	29	the basis of geographic location;
30	30	(5) impartial and prompt resolution of disputes with a
31	31	certificated telecommunications utility, a retail electric
32	32	provider, or an electric utility and disputes with a
33	33	telecommunications service provider related to unauthorized
34	34	charges and switching of service;
35	35	(6) privacy of customer consumption and credit
36	36	information;
37	37	(7) accuracy of metering and billing;
38	38	(8) bills presented in a clear, readable format and
39	39	easy-to-understand language that uses defined terms as required by
40	40	commission rules adopted under Section 17.003;
41	41	(9) information in English and Spanish and any other
42	42	language as the commission deems necessary concerning low-income
43	43	assistance programs and deferred payment plans;
44	44	(10) all consumer protections and disclosures
45	45	established by the Fair Credit Reporting Act (15 U.S.C. Section
46	46	1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601
47	47	et seq.); [and]
48	48	(11) after retail competition begins as authorized by
49	49	the legislature, programs provided by retail electric providers
50	50	that offer eligible low-income customers energy efficiency
51	51	programs, an affordable rate package, and bill payment assistance
52	52	programs designed to reduce uncollectible accounts; and
53	53	(12) deploy emergency energy backup generation or
54	54	storage capability on the customer's premises, whether connected to
55	55	an electricity distribution system or not, if the generation or
56	56	storage complies with all applicable standards established by the
57	57	commission and local building codes.
58	58	SECTION 2. Section 39.002, Utilities Code, is amended to
59	59	read as follows:
60	60	Sec. 39.002. APPLICABILITY. This chapter, other than
61	61	Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162,
62	62	39.163, 39.203, 39.9051, 39.9052, [and] 39.914(e), and 39.9162, and
63	63	Subchapters M and N, does not apply to a municipally owned utility
64	64	or an electric cooperative. Sections 39.157(e) and 39.203 apply
65	65	only to a municipally owned utility or an electric cooperative that
66	66	is offering customer choice. If there is a conflict between the
67	67	specific provisions of this chapter and any other provisions of
68	68	this title, except for Chapters 40 and 41, the provisions of this
69	69	chapter control.
70	70	SECTION 3. Section 39.554, Utilities Code, is amended by
71	71	adding Subsection (b-1) to read as follows:
72	72	(b-1) An electric utility subject to this subchapter may not
73	73	require a distributed renewable generation owner of generation that
74	74	produces electricity using photovoltaic technology and complies
75	75	with the standards established by rule under Section 39.916(d) to
76	76	comply with additional safety, technical, or performance
77	77	standards.
78	78	SECTION 4. Subchapter Z, Chapter 39, Utilities Code, is
79	79	amended by adding Section 39.9162 to read as follows:
80	80	Sec. 39.9162. DISTRIBUTED SOLAR GENERATION PROTECTIONS.
81	81	(a) In this section, "distributed solar generation owner" means a
82	82	distributed renewable generation owner, as defined by Section
83	83	39.916, of generation that produces electricity using photovoltaic
84	84	technology.
85	85	(b) An electric cooperative, electric utility, municipally
86	86	owned utility, or retail electric provider may not:
87	87	(1) prohibit a distributed solar generation owner from
88	88	connecting a device or load on the circuit on which the generation
89	89	operates unless a meter used exclusively for monitoring the
90	90	generation of voluntary renewable energy credits is also installed
91	91	on that circuit;
92	92	(2) limit the point of interconnection of generation
93	93	that produces electricity using photovoltaic technology to a single
94	94	point of interconnection on a distributed solar generation owner's
95	95	side of the meter, unless required by the commission by rule;
96	96	(3) prohibit a distributed solar generation owner from
97	97	installing the generation on the owner's side of the meter;
98	98	(4) limit the size of a customer's generation system
99	99	that produces electricity using photovoltaic technology or the
100	100	amount of energy production from the system, other than limiting
101	101	the amount of possible exportation of energy to prevent an
102	102	exportation of energy that exceeds the customer's existing
103	103	electrical service transformer rating;
104	104	(5) prohibit a retail customer of the cooperative,
105	105	utility, or provider from purchasing or leasing generation that
106	106	produces electricity using photovoltaic technology;
107	107	(6) require a person who sells, leases, installs, or
108	108	maintains generation that produces electricity using photovoltaic
109	109	technology to or for a retail customer of the cooperative, utility,
110	110	or provider to hold any certification, license, or insurance not
111	111	required by state law; or
112	112	(7) require a distributed solar generation owner to
113	113	have the generation regularly inspected at the owner's expense.
114	114	(c) An electric cooperative, electric utility, municipally
115	115	owned utility, or retail electric provider shall approve or deny an
116	116	interconnection request submitted by a retail customer regarding
117	117	generation that produces electricity using photovoltaic technology
118	118	not later than the 21st day after the date the request is submitted.
119	119	(d) An electric cooperative, electric utility, or retail
120	120	electric provider may not require a distributed solar generation
121	121	owner whose generation complies with the standards established by
122	122	rule under Section 39.916(d) to comply with additional safety,
123	123	technical, or performance standards.
124	124	(e) The governing body of a municipally owned utility shall
125	125	adopt, implement, and enforce rules to comply with the requirements
126	126	of this section. An electric cooperative shall adopt, implement,
127	127	and enforce rules to comply with the requirements of this section.
128	128	SECTION 5. The changes in law made by this Act apply only to
129	129	a contract entered into on or after the effective date of this Act.
130	130	A contract entered into before the effective date of this Act is
131	131	governed by the law as it existed immediately before the effective
132	132	date of this Act, and that law is continued in effect for that
133	133	purpose.
134	134	SECTION 6. This Act takes effect September 1, 2025.