TITLE: Relating to the authority of a municipality to regulate the installation or inspection of a residential energy backup system.

SUMMARY: Relating to the authority of a municipality to regulate the installation or inspection of a residential energy backup system.

FULL TEXT:
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.