| 1 | 1 | | 89R2015 SCL-D |
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| 2 | 2 | | By: Morales of Harris H.B. No. 407 |
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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 municipal and county requirements for solar energy |
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| 10 | 10 | | device compatibility for certain residential construction; |
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| 11 | 11 | | creating criminal offenses. |
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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. Subchapter G, Chapter 214, Local Government |
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| 14 | 14 | | Code, is amended by adding Section 214.222 to read as follows: |
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| 15 | 15 | | Sec. 214.222. SOLAR ENERGY DEVICE COMPATIBILITY REQUIRED. |
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| 16 | 16 | | (a) In this section: |
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| 17 | 17 | | (1) "Electric cooperative" means an electric |
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| 18 | 18 | | cooperative organized under Chapter 161, Utilities Code, or a |
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| 19 | 19 | | predecessor statute to that chapter. |
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| 20 | 20 | | (2) "Electric utility" has the meaning assigned by |
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| 21 | 21 | | Section 31.002, Utilities Code. |
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| 22 | 22 | | (3) "Municipally owned utility" has the meaning |
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| 23 | 23 | | assigned by Section 11.003, Utilities Code. |
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| 24 | 24 | | (4) "Solar energy device" has the meaning assigned by |
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| 25 | 25 | | Section 171.107, Tax Code. |
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| 26 | 26 | | (b) The governing body of a municipality by ordinance shall |
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| 27 | 27 | | incorporate into its municipal building code a requirement that the |
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| 28 | 28 | | construction of a new residential building suitable for one to four |
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| 29 | 29 | | families must be compatible with the installation of a solar energy |
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| 30 | 30 | | device that may be interconnected with an electric distribution |
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| 31 | 31 | | system operated by the electric cooperative, electric utility, or |
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| 32 | 32 | | municipally owned utility providing electric distribution service |
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| 33 | 33 | | in the area in which the building is constructed, subject to: |
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| 34 | 34 | | (1) any applicable interconnection requirements of |
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| 35 | 35 | | the electric cooperative, electric utility, or municipally owned |
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| 36 | 36 | | utility; |
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| 37 | 37 | | (2) the rules of the Public Utility Commission of |
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| 38 | 38 | | Texas; and |
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| 39 | 39 | | (3) as applicable, the protocols of an independent |
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| 40 | 40 | | organization certified under Section 39.151, Utilities Code. |
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| 41 | 41 | | (c) A person who builds new residential construction |
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| 42 | 42 | | described by Subsection (b) shall have the construction inspected |
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| 43 | 43 | | by the municipality to ensure compliance with the building code |
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| 44 | 44 | | provisions required by this section. |
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| 45 | 45 | | (d) A person who fails to comply with the requirement |
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| 46 | 46 | | described by Subsection (b) or violates Subsection (c) commits an |
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| 47 | 47 | | offense. An offense under this subsection is a Class C misdemeanor. |
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| 48 | 48 | | SECTION 2. Chapter 233, Local Government Code, is amended |
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| 49 | 49 | | by adding Subchapter E to read as follows: |
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| 50 | 50 | | SUBCHAPTER E. RESIDENTIAL BUILDING CODE STANDARDS |
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| 51 | 51 | | Sec. 233.101. SOLAR ENERGY DEVICE COMPATIBILITY REQUIRED. |
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| 52 | 52 | | (a) In this section: |
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| 53 | 53 | | (1) "Electric cooperative" means an electric |
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| 54 | 54 | | cooperative organized under Chapter 161, Utilities Code, or a |
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| 55 | 55 | | predecessor statute to that chapter. |
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| 56 | 56 | | (2) "Electric utility" has the meaning assigned by |
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| 57 | 57 | | Section 31.002, Utilities Code. |
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| 58 | 58 | | (3) "Municipally owned utility" has the meaning |
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| 59 | 59 | | assigned by Section 11.003, Utilities Code. |
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| 60 | 60 | | (4) "Solar energy device" has the meaning assigned by |
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| 61 | 61 | | Section 171.107, Tax Code. |
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| 62 | 62 | | (b) The commissioners court of a county by order shall |
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| 63 | 63 | | incorporate into its county building code a requirement that the |
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| 64 | 64 | | construction of a new residential building suitable for one to four |
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| 65 | 65 | | families in the unincorporated area of the county must be |
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| 66 | 66 | | compatible with the installation of a solar energy device that may |
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| 67 | 67 | | be interconnected with an electric distribution system operated by |
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| 68 | 68 | | the electric cooperative, electric utility, or municipally owned |
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| 69 | 69 | | utility providing electric distribution service in the area in |
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| 70 | 70 | | which the building is constructed, subject to: |
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| 71 | 71 | | (1) any applicable interconnection requirements of |
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| 72 | 72 | | the electric cooperative, electric utility, or municipally owned |
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| 73 | 73 | | utility; |
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| 74 | 74 | | (2) the rules of the Public Utility Commission of |
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| 75 | 75 | | Texas; and |
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| 76 | 76 | | (3) as applicable, the protocols of an independent |
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| 77 | 77 | | organization certified under Section 39.151, Utilities Code. |
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| 78 | 78 | | (c) A person who builds new residential construction |
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| 79 | 79 | | described by Subsection (b) shall have the construction inspected |
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| 80 | 80 | | by the county to ensure compliance with the building code |
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| 81 | 81 | | provisions required by this section. |
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| 82 | 82 | | (d) A person who fails to comply with the requirement |
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| 83 | 83 | | described by Subsection (b) or violates Subsection (c) commits an |
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| 84 | 84 | | offense. An offense under this subsection is a Class C misdemeanor. |
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| 85 | 85 | | SECTION 3. Sections 214.222 and 233.101, Local Government |
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| 86 | 86 | | Code, as added by this Act, apply only to new residential |
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| 87 | 87 | | construction that begins on or after September 1, 2027. |
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| 88 | 88 | | SECTION 4. This Act takes effect September 1, 2025. |
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