power companies can’t block your rooftop solar

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89R5730 JXC-D

By: Dorazio
H.B. No. 3905

A BILL TO BE ENTITLED

AN ACT

relating to the interconnection or deployment of distributed

generation by or for retail electric customers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 17.004(a), Utilities Code, is amended to

read as follows:

(a) All buyers of telecommunications and retail electric

services are entitled to:

(1) protection from fraudulent, unfair, misleading,

deceptive, or anticompetitive practices, including protection from

being billed for services that were not authorized or provided;

(2) choice of a telecommunications service provider, a

retail electric provider, or an electric utility, where that choice

is permitted by law, and to have that choice honored;

(3) information in English and Spanish and any other

language as the commission deems necessary concerning rates, key

terms and conditions, and the basis for any claim of environmental

benefits of certain production facilities;

(4) protection from discrimination on the basis of

race, color, sex, nationality, religion, marital status, income

level, or source of income and from unreasonable discrimination on

the basis of geographic location;

(5) impartial and prompt resolution of disputes with a

certificated telecommunications utility, a retail electric

provider, or an electric utility and disputes with a

telecommunications service provider related to unauthorized

charges and switching of service;

(6) privacy of customer consumption and credit

information;

(7) accuracy of metering and billing;

(8) bills presented in a clear, readable format and

easy-to-understand language that uses defined terms as required by

commission rules adopted under Section 17.003;

(9) information in English and Spanish and any other

language as the commission deems necessary concerning low-income

assistance programs and deferred payment plans;

(10) all consumer protections and disclosures

established by the Fair Credit Reporting Act (15 U.S.C. Section

1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601

et seq.); [ and ]

(11) after retail competition begins as authorized by

the legislature, programs provided by retail electric providers

that offer eligible low-income customers energy efficiency

programs, an affordable rate package, and bill payment assistance

programs designed to reduce uncollectible accounts ; and

(12) deploy emergency energy backup generation or

storage capability on the customer's premises, whether connected to

an electricity distribution system or not, if the generation or

storage complies with all applicable standards established by the

commission and local building codes .

SECTION 2. Section 39.002, Utilities Code, is amended to

read as follows:

Sec. 39.002. APPLICABILITY. This chapter, other than

Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162,

39.163, 39.203, 39.9051, 39.9052, [ and ] 39.914(e), and 39.9162, and

Subchapters M and N, does not apply to a municipally owned utility

or an electric cooperative. Sections 39.157(e) and 39.203 apply

only to a municipally owned utility or an electric cooperative that

is offering customer choice. If there is a conflict between the

specific provisions of this chapter and any other provisions of

this title, except for Chapters 40 and 41, the provisions of this

chapter control.

SECTION 3. Section 39.554, Utilities Code, is amended by

adding Subsection (b-1) to read as follows:

(b-1) An electric utility subject to this subchapter may not

require a distributed renewable generation owner of generation that

produces electricity using photovoltaic technology and complies

with the standards established by rule under Section 39.916(d) to

comply with additional safety, technical, or performance

standards.

SECTION 4. Subchapter Z, Chapter 39, Utilities Code, is

amended by adding Section 39.9162 to read as follows:

Sec. 39.9162. DISTRIBUTED SOLAR GENERATION PROTECTIONS.

(a) In this section, "distributed solar generation owner" means a

distributed renewable generation owner, as defined by Section

39.916, of generation that produces electricity using photovoltaic

technology.

(b) An electric cooperative, electric utility, municipally

owned utility, or retail electric provider may not:

(1) prohibit a distributed solar generation owner from

connecting a device or load on the circuit on which the generation

operates unless a meter used exclusively for monitoring the

generation of voluntary renewable energy credits is also installed

on that circuit;

(2) limit the point of interconnection of generation

that produces electricity using photovoltaic technology to a single

point of interconnection on a distributed solar generation owner's

side of the meter, unless required by the commission by rule;

(3) prohibit a distributed solar generation owner from

installing the generation on the owner's side of the meter;

(4) limit the size of a customer's generation system

that produces electricity using photovoltaic technology or the

amount of energy production from the system, other than limiting

the amount of possible exportation of energy to prevent an

exportation of energy that exceeds the customer's existing

electrical service transformer rating;

(5) prohibit a retail customer of the cooperative,

utility, or provider from purchasing or leasing generation that

produces electricity using photovoltaic technology;

(6) require a person who sells, leases, installs, or

maintains generation that produces electricity using photovoltaic

technology to or for a retail customer of the cooperative, utility,

or provider to hold any certification, license, or insurance not

required by state law; or

(7) require a distributed solar generation owner to

have the generation regularly inspected at the owner's expense.

(c) An electric cooperative, electric utility, municipally

owned utility, or retail electric provider shall approve or deny an

interconnection request submitted by a retail customer regarding

generation that produces electricity using photovoltaic technology

not later than the 21st day after the date the request is submitted.

(d) An electric cooperative, electric utility, or retail

electric provider may not require a distributed solar generation

owner whose generation complies with the standards established by

rule under Section 39.916(d) to comply with additional safety,

technical, or performance standards.

(e) The governing body of a municipally owned utility shall

adopt, implement, and enforce rules to comply with the requirements

of this section. An electric cooperative shall adopt, implement,

and enforce rules to comply with the requirements of this section.

SECTION 5. The changes in law made by this Act apply only to

a contract entered into on or after the effective date of this Act.

A contract entered into before the effective date of this Act is

governed by the law as it existed immediately before the effective

date of this Act, and that law is continued in effect for that

purpose.

SECTION 6. This Act takes effect September 1, 2025.