By: Schwertner S.B. No. 1252
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to regulate the
installation or inspection of a residential energy backup system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 214.211, Local Government Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Residential energy backup system" means a backup
energy system installed at a residential property that is capable
of providing no more than 50 kilowatts of electricity to the
residence or has a storage capacity of no more than 100 kilowatt
hours.
SECTION 2. Section 214.214, Local Government Code, is
amended by adding Subsections (d) and (e) to read as follows:
(d) A municipality may not adopt or enforce an amendment to
the National Electrical Code that would regulate the installation
or inspection of a residential energy backup system.
(e) Subsection (d) does not limit the authority of a
municipally owned utility, as defined by Section 11.003, Utilities
Code, to regulate the installation or inspection of a residential
energy backup system within the utility's service area.
SECTION 3. The heading to Subchapter C, Chapter 229, Local
Government Code, is amended to read as follows:
SUBCHAPTER C. REGULATION OF SOLAR ENERGY AND BACKUP ENERGY DEVICES
SECTION 4. Subchapter C, Chapter 229, Local Government
Code, is amended by adding Section 229.102 to read as follows:
Sec. 229.102. REGULATION OF RESIDENTIAL ENERGY BACKUP
SYSTEMS. (a) In this section, "residential energy backup system"
means a backup energy system installed at a residential property
that is capable of providing no more than 50 kilowatts of
electricity to the residence or has a storage capacity of no more
than 100 kilowatt hours.
(b) A municipality may not adopt or enforce an ordinance,
rule, or other measure that would regulate the installation or
inspection of a residential energy backup system.
(c) This section does not limit the authority of a
municipally owned utility, as defined by Section 11.003, Utilities
Code, to regulate the installation or inspection of a residential
energy backup system within the utility's service area.
SECTION 5. The changes in law made by this Act apply only to
the installation or inspection of a residential energy backup
system initiated on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2025.