HB407 - Relating to municipal and county requirements for solar energy device compatibility for certain residential construction; creating criminal offenses.

  89R2015 SCL-D     By: Morales of Harris H.B. No. 407       A BILL TO BE ENTITLED   AN ACT   relating to municipal and county requirements for solar energy   device compatibility for certain residential construction;   creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter G, Chapter 214, Local Government   Code, is amended by adding Section 214.222 to read as follows:           Sec.   214.222.     SOLAR ENERGY DEVICE COMPATIBILITY REQUIRED.   (a) In this section:                 (1)     "Electric cooperative" means an electric   cooperative organized under Chapter 161, Utilities Code, or a   predecessor statute to that chapter.                 (2)     "Electric utility" has the meaning assigned by   Section 31.002, Utilities Code.                 (3)     "Municipally owned utility" has the meaning   assigned by Section 11.003, Utilities Code.                 (4)     "Solar energy device" has the meaning assigned by   Section 171.107, Tax Code.           (b)     The governing body of a municipality by ordinance shall   incorporate into its municipal building code a requirement that the   construction of a new residential building suitable for one to four   families must be compatible with the installation of a solar energy   device that may be interconnected with an electric distribution   system operated by the electric cooperative, electric utility, or   municipally owned utility providing electric distribution service   in the area in which the building is constructed, subject to:                 (1)     any applicable interconnection requirements of   the electric cooperative, electric utility, or municipally owned   utility;                 (2)     the rules of the Public Utility Commission of   Texas; and                 (3)     as applicable, the protocols of an independent   organization certified under Section 39.151, Utilities Code.           (c)     A person who builds new residential construction   described by Subsection (b) shall have the construction inspected   by the municipality to ensure compliance with the building code   provisions required by this section.           (d)     A person who fails to comply with the requirement   described by Subsection (b) or violates Subsection (c) commits an   offense. An offense under this subsection is a Class C misdemeanor.          SECTION 2.  Chapter 233, Local Government Code, is amended   by adding Subchapter E to read as follows:   SUBCHAPTER E. RESIDENTIAL BUILDING CODE STANDARDS           Sec.   233.101.     SOLAR ENERGY DEVICE COMPATIBILITY REQUIRED.   (a) In this section:                 (1)     "Electric cooperative" means an electric   cooperative organized under Chapter 161, Utilities Code, or a   predecessor statute to that chapter.                 (2)     "Electric utility" has the meaning assigned by   Section 31.002, Utilities Code.                 (3)     "Municipally owned utility" has the meaning   assigned by Section 11.003, Utilities Code.                 (4)     "Solar energy device" has the meaning assigned by   Section 171.107, Tax Code.           (b)     The commissioners court of a county by order shall   incorporate into its county building code a requirement that the   construction of a new residential building suitable for one to four   families in the unincorporated area of the county must be   compatible with the installation of a solar energy device that may   be interconnected with an electric distribution system operated by   the electric cooperative, electric utility, or municipally owned   utility providing electric distribution service in the area in   which the building is constructed, subject to:                 (1)     any applicable interconnection requirements of   the electric cooperative, electric utility, or municipally owned   utility;                 (2)     the rules of the Public Utility Commission of   Texas; and                 (3)     as applicable, the protocols of an independent   organization certified under Section 39.151, Utilities Code.           (c)     A person who builds new residential construction   described by Subsection (b) shall have the construction inspected   by the county to ensure compliance with the building code   provisions required by this section.           (d)     A person who fails to comply with the requirement   described by Subsection (b) or violates Subsection (c) commits an   offense. An offense under this subsection is a Class C misdemeanor.          SECTION 3.  Sections 214.222 and 233.101, Local Government   Code, as added by this Act, apply only to new residential   construction that begins on or after September 1, 2027.          SECTION 4.  This Act takes effect September 1, 2025.