89R2015 SCL-D
By: Morales of Harris H.B. No. 407
A BILL TO BE ENTITLED
AN ACT
relating to municipal and county requirements for solar energy
device compatibility for certain residential construction;
creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 214, Local Government
Code, is amended by adding Section 214.222 to read as follows:
Sec. 214.222. SOLAR ENERGY DEVICE COMPATIBILITY REQUIRED.
(a) In this section:
(1) "Electric cooperative" means an electric
cooperative organized under Chapter 161, Utilities Code, or a
predecessor statute to that chapter.
(2) "Electric utility" has the meaning assigned by
Section 31.002, Utilities Code.
(3) "Municipally owned utility" has the meaning
assigned by Section 11.003, Utilities Code.
(4) "Solar energy device" has the meaning assigned by
Section 171.107, Tax Code.
(b) The governing body of a municipality by ordinance shall
incorporate into its municipal building code a requirement that the
construction of a new residential building suitable for one to four
families must be compatible with the installation of a solar energy
device that may be interconnected with an electric distribution
system operated by the electric cooperative, electric utility, or
municipally owned utility providing electric distribution service
in the area in which the building is constructed, subject to:
(1) any applicable interconnection requirements of
the electric cooperative, electric utility, or municipally owned
utility;
(2) the rules of the Public Utility Commission of
Texas; and
(3) as applicable, the protocols of an independent
organization certified under Section 39.151, Utilities Code.
(c) A person who builds new residential construction
described by Subsection (b) shall have the construction inspected
by the municipality to ensure compliance with the building code
provisions required by this section.
(d) A person who fails to comply with the requirement
described by Subsection (b) or violates Subsection (c) commits an
offense. An offense under this subsection is a Class C misdemeanor.
SECTION 2. Chapter 233, Local Government Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. RESIDENTIAL BUILDING CODE STANDARDS
Sec. 233.101. SOLAR ENERGY DEVICE COMPATIBILITY REQUIRED.
(a) In this section:
(1) "Electric cooperative" means an electric
cooperative organized under Chapter 161, Utilities Code, or a
predecessor statute to that chapter.
(2) "Electric utility" has the meaning assigned by
Section 31.002, Utilities Code.
(3) "Municipally owned utility" has the meaning
assigned by Section 11.003, Utilities Code.
(4) "Solar energy device" has the meaning assigned by
Section 171.107, Tax Code.
(b) The commissioners court of a county by order shall
incorporate into its county building code a requirement that the
construction of a new residential building suitable for one to four
families in the unincorporated area of the county must be
compatible with the installation of a solar energy device that may
be interconnected with an electric distribution system operated by
the electric cooperative, electric utility, or municipally owned
utility providing electric distribution service in the area in
which the building is constructed, subject to:
(1) any applicable interconnection requirements of
the electric cooperative, electric utility, or municipally owned
utility;
(2) the rules of the Public Utility Commission of
Texas; and
(3) as applicable, the protocols of an independent
organization certified under Section 39.151, Utilities Code.
(c) A person who builds new residential construction
described by Subsection (b) shall have the construction inspected
by the county to ensure compliance with the building code
provisions required by this section.
(d) A person who fails to comply with the requirement
described by Subsection (b) or violates Subsection (c) commits an
offense. An offense under this subsection is a Class C misdemeanor.
SECTION 3. Sections 214.222 and 233.101, Local Government
Code, as added by this Act, apply only to new residential
construction that begins on or after September 1, 2027.
SECTION 4. This Act takes effect September 1, 2025.