Texas 2025 89th Regular

Texas Senate Bill SB2864 Introduced / Analysis

Filed 03/14/2025

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                    BILL ANALYSIS        Senate Research Center   S.B. 2864     89R4176 GP-F   By: Creighton         Business & Commerce         4/11/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Current law and building codes permit the use of roofing systems that incorporate integrated photovoltaic technology. Building Integrated Photovoltaics (BIPV) serve as both the roofing material and the solar component, providing a watertight barrier while supporting energy generation. However, many municipalities continue to treat BIPV as rack-mounted solar panel systems installed on top of roofing material, rather than the building material itself. This misinterpretation leads to permitting delays, fines, and added costs for contractors and homeowners. While licensed electricians should still handle the connection of these systems to a building's electrical wiring, regulatory practices should not penalize or delay the initial installation of BIPV roofing materials themselves.   These regulatory interpretations have created confusion and inconsistency across municipalities, resulting in fines and delays for roofing contractors who install BIPV systems. In some cases, contractors are penalized merely for laying down BIPV roofing materials, even though no electrical work is being performed. This not only drives up costs but also deters the adoption of innovative, energy-efficient technologies. The regulatory inconsistency is particularly problematic during post-storm repairs, when homeowners need immediate roof restoration to make the structure watertight.   S.B. 2864 clarifies that Chapter 1305 of the Occupations Code does not apply to a roofing contractor who installs a roofing material containing integrated photovoltaic technology, provided the contractor does not connect the material to the building's electrical wiring system. Additionally, S.B. 2864 prohibits municipalities and regional authorities from adopting or enforcing ordinances that would restrict roofing contractors from installing such materials under the same condition. By delineating the responsibilities of roofing contractors and electricians, S.B. 2864 aims to remove unnecessary regulatory barriers, streamline permitting processes, encourage solar innovation, and ensure homeowners can access modern roofing technologies without undue delay or cost.   As proposed, S.B. 2864 amends current law relating to the applicability of the Texas Electrical Safety and Licensing Act to, and the regulation by certain political subdivisions of, the installation of roofing materials containing integrated photovoltaic technology.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Section 1305.003(a), Occupations Code, to provide that Chapter 1305 (Electricians) does not apply to certain areas and workers, including a roofing contractor who installs on a building a roofing material containing integrated photovoltaic technology if the contractor does not connect the material to the electrical wiring system of the building, and to make nonsubstantive changes.   SECTION 2. Amends Section 1305.201, Occupations Code, by adding Subsection (g) to prohibit a municipality or region from adopting or enforcing an ordinance or other regulation applicable to electrical work that prohibits the installation on a building of a roofing material containing integrated photovoltaic technology by a roofing contractor if the contractor does not connect the material to the electrical wiring system of the building.   SECTION 3. Effective date: September 1, 2025.

BILL ANALYSIS

Senate Research Center S.B. 2864
89R4176 GP-F By: Creighton
 Business & Commerce
 4/11/2025
 As Filed



Senate Research Center

S.B. 2864

89R4176 GP-F

By: Creighton

Business & Commerce

4/11/2025

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law and building codes permit the use of roofing systems that incorporate integrated photovoltaic technology. Building Integrated Photovoltaics (BIPV) serve as both the roofing material and the solar component, providing a watertight barrier while supporting energy generation. However, many municipalities continue to treat BIPV as rack-mounted solar panel systems installed on top of roofing material, rather than the building material itself. This misinterpretation leads to permitting delays, fines, and added costs for contractors and homeowners. While licensed electricians should still handle the connection of these systems to a building's electrical wiring, regulatory practices should not penalize or delay the initial installation of BIPV roofing materials themselves.

These regulatory interpretations have created confusion and inconsistency across municipalities, resulting in fines and delays for roofing contractors who install BIPV systems. In some cases, contractors are penalized merely for laying down BIPV roofing materials, even though no electrical work is being performed. This not only drives up costs but also deters the adoption of innovative, energy-efficient technologies. The regulatory inconsistency is particularly problematic during post-storm repairs, when homeowners need immediate roof restoration to make the structure watertight.

S.B. 2864 clarifies that Chapter 1305 of the Occupations Code does not apply to a roofing contractor who installs a roofing material containing integrated photovoltaic technology, provided the contractor does not connect the material to the building's electrical wiring system. Additionally, S.B. 2864 prohibits municipalities and regional authorities from adopting or enforcing ordinances that would restrict roofing contractors from installing such materials under the same condition. By delineating the responsibilities of roofing contractors and electricians, S.B. 2864 aims to remove unnecessary regulatory barriers, streamline permitting processes, encourage solar innovation, and ensure homeowners can access modern roofing technologies without undue delay or cost.

As proposed, S.B. 2864 amends current law relating to the applicability of the Texas Electrical Safety and Licensing Act to, and the regulation by certain political subdivisions of, the installation of roofing materials containing integrated photovoltaic technology.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1305.003(a), Occupations Code, to provide that Chapter 1305 (Electricians) does not apply to certain areas and workers, including a roofing contractor who installs on a building a roofing material containing integrated photovoltaic technology if the contractor does not connect the material to the electrical wiring system of the building, and to make nonsubstantive changes.

SECTION 2. Amends Section 1305.201, Occupations Code, by adding Subsection (g) to prohibit a municipality or region from adopting or enforcing an ordinance or other regulation applicable to electrical work that prohibits the installation on a building of a roofing material containing integrated photovoltaic technology by a roofing contractor if the contractor does not connect the material to the electrical wiring system of the building.

SECTION 3. Effective date: September 1, 2025.