1 | 1 | | 89R6077 SCR-D |
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2 | 2 | | By: Zaffirini S.B. No. 2224 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the execution of a certificate of completion and to |
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10 | 10 | | imposing certain requirements under a retail installment contract |
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11 | 11 | | for the purchase of distributed renewable generation resources. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 345.001, Finance Code, is amended by |
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14 | 14 | | adding Subdivision (1-a) to read as follows: |
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15 | 15 | | (1-a) "Distributed renewable generation" has the |
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16 | 16 | | meaning assigned by Section 39.916, Utilities Code. The term |
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17 | 17 | | includes any electric energy storage installed with the generation. |
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18 | 18 | | SECTION 2. Subchapter B, Chapter 345, Finance Code, is |
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19 | 19 | | amended by adding Section 345.0811 to read as follows: |
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20 | 20 | | Sec. 345.0811. DEFERMENT OF RETAIL INSTALLMENT CONTRACTS |
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21 | 21 | | FOR DISTRIBUTED RENEWABLE GENERATION RESOURCES ON CERTAIN FAILED |
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22 | 22 | | BUILDING CODE INSPECTIONS. (a) A retail buyer who is required by a |
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23 | 23 | | retail seller of distributed renewable generation resources to |
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24 | 24 | | execute a certificate of completion is entitled to deferment of |
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25 | 25 | | installment under Section 345.069 if: |
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26 | 26 | | (1) the installation of a distributed renewable |
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27 | 27 | | generation resource purchased under a retail installment contract |
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28 | 28 | | fails a building code inspection resulting from the installation of |
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29 | 29 | | the distributed renewable generation resource not later than the |
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30 | 30 | | first anniversary of the execution of the certificate of completion |
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31 | 31 | | covering the installation; and |
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32 | 32 | | (2) the retail buyer notifies the retail seller of the |
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33 | 33 | | failed building code inspection not later than the 30th day after |
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34 | 34 | | the date of the inspection. |
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35 | 35 | | (b) A retail buyer is entitled to a deferment of installment |
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36 | 36 | | under Subsection (a) for the period: |
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37 | 37 | | (1) beginning on the date the retail buyer notifies |
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38 | 38 | | the retail seller of the failed building code inspection under |
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39 | 39 | | Subsection (a)(2); and |
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40 | 40 | | (2) ending on the date the retail seller corrects the |
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41 | 41 | | work cited by the failed inspection. |
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42 | 42 | | (c) If a retail seller of distributed renewable generation |
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43 | 43 | | resources does not correct the work cited by the failed building |
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44 | 44 | | code inspection before the 91st day after the date the retail seller |
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45 | 45 | | receives the notice under Subsection (a)(2): |
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46 | 46 | | (1) the certificate of completion is void; |
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47 | 47 | | (2) the retail seller shall exercise reasonable care |
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48 | 48 | | to remove the distributed renewable generation resource |
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49 | 49 | | installation and correct any incidental damage to the real property |
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50 | 50 | | resulting from the installation and removal; and |
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51 | 51 | | (3) the retail buyer is entitled to rescind the retail |
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52 | 52 | | installment contract and receive a refund of all payments under or |
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53 | 53 | | in contemplation of the contract. |
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54 | 54 | | SECTION 3. Section 345.0811, Finance Code, as added by this |
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55 | 55 | | Act, applies only to a retail installment contract entered into on |
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56 | 56 | | or after the effective date of this Act. A retail installment |
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57 | 57 | | contract entered into before the effective date of this Act is |
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58 | 58 | | governed by the law in effect on the date the contract was entered |
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59 | 59 | | into, and the former law is continued in effect for that purpose. |
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60 | 60 | | SECTION 4. This Act takes effect September 1, 2025. |
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