HB2304 - Relating to third-party review of property development documents and inspections of improvements related to those documents, including home backup power installations.

  89R4893 CS-D     By: Dean H.B. No. 2304       A BILL TO BE ENTITLED   AN ACT   relating to third-party review of property development documents   and inspections of improvements related to those documents,   including home backup power installations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 247, Local Government Code, as added by   Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular   Session, 2023, is amended by adding Section 247.0025 to read as   follows:           Sec.   247.0025.     THIRD-PARTY REVIEW OR INSPECTION FOR HOME   BACKUP POWER INSTALLATIONS.   (a)   In this section, "home backup   power installation" means an electric generating facility,   including an energy storage facility and any associated   infrastructure and equipment, intended to provide electrical power   to a one- or two-family dwelling that is connected at 600 volts or   less.           (b)  Notwithstanding Section 247.002:                 (1)     a person authorized to review a development   document under Section 247.002(a) may review a development document   required by a regulatory authority to install a home backup power   installation without having to submit the document to the authority   for review; and                 (2)     a person authorized to conduct a development   inspection under Section 247.002(b) may conduct a development   inspection required by a regulatory authority to install a home   backup power installation without having to request the inspection   from the authority.           (c)  A regulatory authority shall:                 (1)     post on the authority's Internet website each law,   rule, standard, and other document necessary for a person to review   a development document or conduct a development inspection under   this section; or                   (2)     provide on request an electronic copy of the   information described by Subdivision (1) not later than the second   business day after the date the regulatory authority receives the   request.             (d)     A person who reviews a development document or conducts   a development inspection under this section may rely on the   accuracy and completeness of the information provided by a   regulatory authority under Subsection (c).           (e)     A regulatory authority shall issue each approval,   permit, or certification applicable to a review of a development   document or development inspection conducted under this section not   later than the second business day after the date the authority   receives the notice prescribed by Section 247.004(a) that approves   the document or inspection.           (f)     A person may begin construction of a home backup power   installation on submission of the notice prescribed by Section   247.004(a) that approves the development document or development   inspection.          SECTION 2.  Section 247.003, Local Government Code, as added   by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular   Session, 2023, is amended to read as follows:          Sec. 247.003.  ADDITIONAL FEE PROHIBITED.  A regulatory   authority may not impose a fee related to the review of a   development document or the inspection of an improvement conducted   under this chapter [ Section 247.002 ].          SECTION 3.  Section 247.004, Local Government Code, as added   by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular   Session, 2023, is amended to read as follows:          Sec. 247.004.  THIRD-PARTY REQUIREMENTS. (a)  A person who   reviews a development document or conducts a development inspection   under this chapter [ Section 247.002 ] shall:                (1)  review the document, conduct the inspection, and   take all other related actions in accordance with all applicable   provisions of law; and                (2)  not later than the 15th day after the date the   person completes the review or inspection, provide notice to the   regulatory authority of the results of the review or inspection.          (b)  A regulatory authority may prescribe a reasonable   format for the notice required under Subsection (a).   If the   regulatory authority has not prescribed a format, a person who   reviews a development document or conducts a development inspection   under this chapter may provide notice by e-mail to the e-mail   address of the regulatory authority.          SECTION 4.  This Act takes effect September 1, 2025.