SB1202 - Relating to third-party review of property development documents and inspections of improvements related to those documents, including home backup power installations.

      S.B. No. 1202         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, an   energy storage facility, a standby system, and any associated   infrastructure and equipment intended to provide electrical power   to a one- or two-family dwelling, regardless of whether the   facility or system is capable of participating in a wholesale   electric market, that is connected at 600 volts or less.           (b)  This section does not limit the authority of:                 (1)     an electric utility to implement the utility's   tariff; or                 (2)     an electric cooperative or a municipally owned   utility to enforce interconnection and service policies.           (c)  Notwithstanding Section 247.002:                 (1)     the following persons, other than a person   described by Section 247.002(a)(1), 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:                       (A)     a person authorized to review a development   document under Section 247.002(a);                       (B)     an electrical inspector as defined in Section   1305.002, Occupations Code; or                       (C)     a master electrician described by Section   1305.153, Occupations Code, who is licensed under Subchapter D,   Chapter 1305 of that code; and                 (2)     the following persons, other than a person   described by Section 247.002(b)(1), 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:                       (A)     a person authorized to conduct a development   inspection under Section 247.002(b);                       (B)     an electrical inspector as defined in Section   1305.002, Occupations Code; or                       (C)     a master electrician described by Section   1305.153, Occupations Code, who is licensed under Subchapter D,   Chapter 1305 of that code.           (d)  A regulatory authority shall:                 (1)     post on the authority's Internet website each law,   rule, standard, fee schedule, 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.           (e)     A person who reviews a development document or conducts   a development inspection under this section may:                 (1)     use software designed to automate the required   review without that person performing additional manual review; and                 (2)     rely on the accuracy and completeness of the   information provided by a regulatory authority under Subsection   (d).           (f)     If a regulatory authority has not posted on the   authority's Internet website or provided upon request information   as required under Subsection (d), a person reviewing a development   document or conducting a development inspection of a home backup   power installation under this section may use:                 (1)     the applicable building code standards under   Section 214.212 for a dwelling located in a municipality; or                 (2)     the applicable building code standards under   Section 233.153 for a dwelling located in the unincorporated area   of a county.           (g)     A regulatory authority that has not posted or provided a   fee schedule as required by Subsection (d) may not charge a fee for   issuance of an approval, permit, or certification for a home backup   power installation under this section.           (h)     A person who reviews a development document or conducts   a development inspection shall provide to the regulatory authority   a copy of any development document or inspection-related note or   report the person creates as part of the review or inspection not   later than the date the person provides notice to the regulatory   authority under Section 247.004(a)(2).           (i)     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 third business day after the date the authority   receives the notice prescribed by Section 247.004(a) that approves   the document or inspection.           (j)     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.           (k)     A regulatory authority is not liable for a review or   inspection conducted by a person under this section.           (l)     A person reviewing a development document or conducting   a development inspection under this section is liable for damages   resulting from the person's negligent acts or omissions in   conducting the review or 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.           (c)     The format prescribed by a regulatory authority under   Subsection (b) may not limit a person who reviews a development   document or conducts a development inspection under this chapter   from using software designed to automate the review or approval   process without that person performing additional manual review.          SECTION 4.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1202 passed the Senate on   March 31, 2025, by the following vote: Yeas 31, Nays 0; and that   the Senate concurred in House amendments on May 26, 2025, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1202 passed the House, with   amendments, on May 23, 2025, by the following vote: Yeas 128,   Nays 7, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor