| 1 | 1 | | 89R9869 CMO-D |
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| 2 | 2 | | By: AnchÃa H.B. No. 4016 |
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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 prohibiting the use of electric resistance as a primary |
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| 10 | 10 | | heat source in certain residential buildings. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 388, Health and Safety Code, is amended |
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| 13 | 13 | | by adding Section 388.0045 to read as follows: |
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| 14 | 14 | | Sec. 388.0045. USE OF ELECTRIC RESISTANCE AS PRIMARY |
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| 15 | 15 | | HEATING SOURCE PROHIBITED IN CERTAIN RESIDENTIAL BUILDINGS. (a) |
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| 16 | 16 | | This section applies only to residential buildings with a dwelling |
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| 17 | 17 | | area greater than 500 square feet. |
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| 18 | 18 | | (b) Notwithstanding any requirement contained in an energy |
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| 19 | 19 | | code adopted under Section 388.003(a) or (b), or a local amendment |
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| 20 | 20 | | adopted under Section 388.003(d), and except as provided by |
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| 21 | 21 | | Subsection (c), the primary heat source for a dwelling unit may not |
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| 22 | 22 | | be electric resistance heating. |
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| 23 | 23 | | (c) This section does not apply to a dwelling unit that is |
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| 24 | 24 | | cooled using chilled water. |
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| 25 | 25 | | SECTION 2. (a) Section 388.0045, Health and Safety Code, as |
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| 26 | 26 | | added by this Act, applies only to residential building |
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| 27 | 27 | | construction, remodeling, alteration, enlargement, or repair that |
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| 28 | 28 | | begins under an agreement made on or after January 1, 2026, or that |
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| 29 | 29 | | begins, in the absence of an agreement, on or after that date. |
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| 30 | 30 | | Residential building construction, remodeling, alteration, |
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| 31 | 31 | | enlargement, or repair that begins under an agreement made before |
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| 32 | 32 | | January 1, 2026, or that begins, in the absence of an agreement, |
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| 33 | 33 | | before that date is governed by the law in effect when the agreement |
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| 34 | 34 | | was made or the activity began, as appropriate, and that law is |
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| 35 | 35 | | continued in effect for that purpose. |
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| 36 | 36 | | (b) Not later than December 1, 2025, municipalities shall |
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| 37 | 37 | | establish rules and take other necessary actions to implement |
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| 38 | 38 | | Section 388.0045, Health and Safety Code, as added by this Act. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2025. |
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