Texas 2025 - 89th Regular

Texas Senate Bill SB1202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: King S.B. No. 1202
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	2	+	(In the Senate - Filed February 10, 2025;
	3	+	February 28, 2025, read first time and referred to Committee on
	4	+	Business & Commerce; March 26, 2025, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 11,
	6	+	Nays 0; March 26, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1202 By: Nichols
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to third-party review of property development documents
9	14		and inspections of improvements related to those documents,
10	15		including home backup power installations.
11	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	17		SECTION 1. Chapter 247, Local Government Code, as added by
13	18		Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
14	19		Session, 2023, is amended by adding Section 247.0025 to read as
15	20		follows:
16	21		Sec. 247.0025. THIRD-PARTY REVIEW OR INSPECTION FOR HOME
17	22		BACKUP POWER INSTALLATIONS. (a) In this section, "home backup
18	23		power installation" means an electric generating facility, an
19	24		energy storage facility, a standby system, and any associated
20	25		infrastructure and equipment intended to provide electrical power
21	26		to a one- or two-family dwelling, regardless of whether the
22	27		facility or system is capable of participating in a wholesale
23	28		electric market, that is connected at 600 volts or less.
24	29		(b) This section does not limit the authority of:
25	30		(1) an electric utility to implement the utility's
26	31		tariff; or
27	32		(2) an electric cooperative or a municipally owned
28	33		utility to enforce interconnection and service policies.
29	34		(c) Notwithstanding Section 247.002:
30	35		(1) a person authorized to review a development
31	36		document under Section 247.002(a) may review a development document
32	37		required by a regulatory authority to install a home backup power
33	38		installation without having to submit the document to the authority
34	39		for review; and
35	40		(2) a person authorized to conduct a development
36	41		inspection under Section 247.002(b) may conduct a development
37	42		inspection required by a regulatory authority to install a home
38	43		backup power installation without having to request the inspection
39	44		from the authority.
40	45		(d) A regulatory authority shall:
41	46		(1) post on the authority's Internet website each law,
42	47		rule, standard, fee schedule, and other document necessary for a
43	48		person to review a development document or conduct a development
44	49		inspection under this section; or
45	50		(2) provide on request an electronic copy of the
46	51		information described by Subdivision (1) not later than the second
47	52		business day after the date the regulatory authority receives the
48	53		request.
49	54		(e) A person who reviews a development document or conducts
50	55		a development inspection under this section may:
51	56		(1) use software designed to automate the required
52	57		review without that person performing additional manual review; and
53	58		(2) rely on the accuracy and completeness of the
54	59		information provided by a regulatory authority under Subsection
55	60		(d).
56	61		(f) If a regulatory authority has not posted on the
57	62		authority's Internet website or provided upon request information
58	63		as required under Subsection (d), a person reviewing a development
59	64		document or conducting a development inspection of a home backup
60	65		power installation under this section may use:
61	66		(1) the applicable building code standards under
62	67		Section 214.212 for a dwelling located in a municipality; or
63	68		(2) the applicable building code standards under
64	69		Section 233.153 for a dwelling located in the unincorporated area
65	70		of a county.
66	71		(g) A regulatory authority that has not posted or provided a
67	72		fee schedule as required by Subsection (d) may not charge a fee for
68	73		issuance of an approval, permit, or certification for a home backup
69	74		power installation under this section.
70	75		(h) A regulatory authority shall issue each approval,
71	76		permit, or certification applicable to a review of a development
72	77		document or development inspection conducted under this section not
73	78		later than the second business day after the date the authority
74	79		receives the notice prescribed by Section 247.004(a) that approves
75	80		the document or inspection.
76	81		(i) A person may begin construction of a home backup power
77	82		installation on submission of the notice prescribed by Section
78	83		247.004(a) that approves the development document.
79	84		SECTION 2. Section 247.003, Local Government Code, as added
80	85		by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
81	86		Session, 2023, is amended to read as follows:
82	87		Sec. 247.003. ADDITIONAL FEE PROHIBITED. A regulatory
83	88		authority may not impose a fee related to the review of a
84	89		development document or the inspection of an improvement conducted
85	90		under this chapter [Section 247.002].
86	91		SECTION 3. Section 247.004, Local Government Code, as added
87	92		by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
88	93		Session, 2023, is amended to read as follows:
89	94		Sec. 247.004. THIRD-PARTY REQUIREMENTS. (a) A person who
90	95		reviews a development document or conducts a development inspection
91	96		under this chapter [Section 247.002] shall:
92	97		(1) review the document, conduct the inspection, and
93	98		take all other related actions in accordance with all applicable
94	99		provisions of law; and
95	100		(2) not later than the 15th day after the date the
96	101		person completes the review or inspection, provide notice to the
97	102		regulatory authority of the results of the review or inspection.
98	103		(b) A regulatory authority may prescribe a reasonable
99	104		format for the notice required under Subsection (a). If the
100	105		regulatory authority has not prescribed a format, a person who
101	106		reviews a development document or conducts a development inspection
102	107		under this chapter may provide notice by e-mail to the e-mail
103	108		address of the regulatory authority.
104	109		(c) The format prescribed by a regulatory authority under
105	110		Subsection (b) may not limit a person who reviews a development
106	111		document or conducts a development inspection under this chapter
107	112		from using software designed to automate the review or approval
108	113		process without that person performing additional manual review.
109	114		SECTION 4. This Act takes effect September 1, 2025.
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