89R4893 CS-D
By: King S.B. No. 1202
A BILL TO BE ENTITLED
AN ACT
relating to third-party review of property development documents
and inspections of improvements related to those documents,
including home backup power installations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 247, Local Government Code, as added by
Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
Session, 2023, is amended by adding Section 247.0025 to read as
follows:
Sec. 247.0025. THIRD-PARTY REVIEW OR INSPECTION FOR HOME
BACKUP POWER INSTALLATIONS. (a) In this section, "home backup
power installation" means an electric generating facility,
including an energy storage facility and any associated
infrastructure and equipment, intended to provide electrical power
to a one- or two-family dwelling that is connected at 600 volts or
less.
(b) Notwithstanding Section 247.002:
(1) a person authorized to review a development
document under Section 247.002(a) may review a development document
required by a regulatory authority to install a home backup power
installation without having to submit the document to the authority
for review; and
(2) a person authorized to conduct a development
inspection under Section 247.002(b) may conduct a development
inspection required by a regulatory authority to install a home
backup power installation without having to request the inspection
from the authority.
(c) A regulatory authority shall:
(1) post on the authority's Internet website each law,
rule, standard, and other document necessary for a person to review
a development document or conduct a development inspection under
this section; or
(2) provide on request an electronic copy of the
information described by Subdivision (1) not later than the second
business day after the date the regulatory authority receives the
request.
(d) A person who reviews a development document or conducts
a development inspection under this section may rely on the
accuracy and completeness of the information provided by a
regulatory authority under Subsection (c).
(e) A regulatory authority shall issue each approval,
permit, or certification applicable to a review of a development
document or development inspection conducted under this section not
later than the second business day after the date the authority
receives the notice prescribed by Section 247.004(a) that approves
the document or inspection.
(f) A person may begin construction of a home backup power
installation on submission of the notice prescribed by Section
247.004(a) that approves the development document or development
inspection.
SECTION 2. Section 247.003, Local Government Code, as added
by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
Session, 2023, is amended to read as follows:
Sec. 247.003. ADDITIONAL FEE PROHIBITED. A regulatory
authority may not impose a fee related to the review of a
development document or the inspection of an improvement conducted
under this chapter [Section 247.002].
SECTION 3. Section 247.004, Local Government Code, as added
by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
Session, 2023, is amended to read as follows:
Sec. 247.004. THIRD-PARTY REQUIREMENTS. (a) A person who
reviews a development document or conducts a development inspection
under this chapter [Section 247.002] shall:
(1) review the document, conduct the inspection, and
take all other related actions in accordance with all applicable
provisions of law; and
(2) not later than the 15th day after the date the
person completes the review or inspection, provide notice to the
regulatory authority of the results of the review or inspection.
(b) A regulatory authority may prescribe a reasonable
format for the notice required under Subsection (a). If the
regulatory authority has not prescribed a format, a person who
reviews a development document or conducts a development inspection
under this chapter may provide notice by e-mail to the e-mail
address of the regulatory authority.
SECTION 4. This Act takes effect September 1, 2025.