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, an
energy storage facility, a standby system, and any associated
infrastructure and equipment intended to provide electrical power
to a one- or two-family dwelling, regardless of whether the
facility or system is capable of participating in a wholesale
electric market, that is connected at 600 volts or less.
(b) This section does not limit the authority of:
(1) an electric utility to implement the utility's
tariff; or
(2) an electric cooperative or a municipally owned
utility to enforce interconnection and service policies.
(c) 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.
(d) A regulatory authority shall:
(1) post on the authority's Internet website each law,
rule, standard, fee schedule, 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.
(e) A person who reviews a development document or conducts
a development inspection under this section may:
(1) use software designed to automate the required
review without that person performing additional manual review; and
(2) rely on the accuracy and completeness of the
information provided by a regulatory authority under Subsection
(d).
(f) If a regulatory authority has not posted on the
authority's Internet website or provided upon request information
as required under Subsection (d), a person reviewing a development
document or conducting a development inspection of a home backup
power installation under this section may use:
(1) the applicable building code standards under
Section 214.212 for a dwelling located in a municipality; or
(2) the applicable building code standards under
Section 233.153 for a dwelling located in the unincorporated area
of a county.
(g) A regulatory authority that has not posted or provided a
fee schedule as required by Subsection (d) may not charge a fee for
issuance of an approval, permit, or certification for a home backup
power installation under this section.
(h) 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.
(i) 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.
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.
(c) The format prescribed by a regulatory authority under
Subsection (b) may not limit a person who reviews a development
document or conducts a development inspection under this chapter
from using software designed to automate the review or approval
process without that person performing additional manual review.
SECTION 4. This Act takes effect September 1, 2025.