Monitoring the Session

HB 5633

Guillen Bill Lets State-Funded Backup Power Owners Sell Energy Unregistered

Died in committee

Verdict: Smells

SmellsInitial review
Rep. Ryan GuillenRHouse 31
Why it's charged
Carve-out

THE TEXT

…“required to register with the commission as a power generation”…

Bill text, introduced version (I)

Owners of state-funded backup power packages that sell energy get a pass on the power generation company registration other sellers face. The caption's broad word 'operation' covers the change but does not flag it.

Carve-out

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the operation of Texas backup power packages.

Caption from analyzed text · version I.

Summary

Run time goes 48 to 96 hours and size 2.5 to eight megawatts. The sales ban is dropped.

The bill loosens the rules for state grants and loans from the Texas energy fund for on-site backup power systems called Texas backup power packages. It raises the required run time from 48 to 96 hours and the size limit from 2.5 to eight megawatts, drops the rule that power must come from gas or propane with solar and batteries or from a school bus battery, and drops the ban on selling the power. Owners and host sites that get the money can now sell energy or grid services from systems of up to 2,000 kilowatts without registering as a power generation company.

Labels

Labels: NEVER GOT A HEARING. Filed Mar 14, 2025 and referred to the House State Affairs committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB5633 · 2025-03-14

SOLD BY

Rep. Ryan GuillenRHouse 31

ITEM

relating to the operation of Texas backup power packages.

WHAT IT DOES

Run time goes 48 to 96 hours and size 2.5 to eight megawatts. The sales ban is dropped.

The bill loosens the rules for state grants and loans from the Texas energy fund for on-site backup power systems called Texas backup power packages. It raises the required run time from 48 to 96 hours and the size limit from 2.5 to eight megawatts, drops the rule that power must come from gas or propane with solar and batteries or from a school bus battery, and drops the ban on selling the power. Owners and host sites that get the money can now sell energy or grid services from systems of up to 2,000 kilowatts without registering as a power generation company.

CHARGES

[x] CARVE-OUTanalysis confidence 40%

THE TEXT

…“required to register with the commission as a power generation”…

Bill text, introduced version (I)

Owners of state-funded backup power packages that sell energy get a pass on the power generation company registration other sellers face. The caption's broad word 'operation' covers the change but does not flag it.

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to State Affairs
FILED UNDER

DATA CENTERS, WATER AND THE GRID

THE TEXT

…“enable immediate islanding from the power grid and stand-alone”…

Bill text, introduced version (I)

The bill widens which on-site backup power systems can get state energy fund money and lets them sell power and grid services.

CORPORATE WELFARE

THE TEXT

…“commission may use money in the Texas energy fund without further”…

Bill text, introduced version (I)

State fund money can go as grants or loans to private owners and host sites of larger backup power systems that may now sell energy.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Ryan Guillen

Donors

Frontera Texas PAC$160KTexas Sands PAC$121KAssociated Republicans of Texas Campaign Fund$23K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 1, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Frontera Texas PAC$160,007.97

Frontera Texas PAC

$160,007.97

Cash
$0.00
Paid by others
$160,007.97
Total
$160,007.97
Other filed descriptions $73,500.00mail $40,000.00mailing $19,429.94texting $18,144.37digital $8,211.55printing $722.11

Also funds 3 other sitting lawmakers.

Derived recipient stock · Nov 5, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Dec 30, 2025 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101033369, 101062168, 101070155, 101073001.

Texas Sands PAC$120,875.00

Texas Sands PAC

$120,875.00

Cash
$113,500.00
Paid by others
$7,375.00
Total
$120,875.00
polling $7,375.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 14, 2024 to Sep 25, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100989191, 101033369, 101062168, 101073001.

Associated Republicans of Texas Campaign Fund$22,795.90

Associated Republicans of Texas Campaign Fund

$22,795.90

Cash
$0.00
Paid by others
$22,795.90
Total
$22,795.90
polling $15,000.00Other filed descriptions $7,352.14texting $443.76

Also funds 20 other sitting lawmakers.

Derived recipient stock · Nov 4, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 15, 2025 to Sep 10, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101033369, 101070155.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Frontera Texas PAC

$160,007.97

Cash
$0.00
Paid by others
$160,007.97
Total
$160,007.97
Other filed descriptions $73,500.00mail $40,000.00mailing $19,429.94texting $18,144.37digital $8,211.55printing $722.11

Also funds 3 other sitting lawmakers.

Derived recipient stock · Nov 5, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Dec 30, 2025 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101033369, 101062168, 101070155, 101073001.

×

Texas Sands PAC

$120,875.00

Cash
$113,500.00
Paid by others
$7,375.00
Total
$120,875.00
polling $7,375.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 14, 2024 to Sep 25, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100989191, 101033369, 101062168, 101073001.

×

Associated Republicans of Texas Campaign Fund

$22,795.90

Cash
$0.00
Paid by others
$22,795.90
Total
$22,795.90
polling $15,000.00Other filed descriptions $7,352.14texting $443.76

Also funds 20 other sitting lawmakers.

Derived recipient stock · Nov 4, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 15, 2025 to Sep 10, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101033369, 101070155.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Mar 14, 2025

04/07/2025 H Referred to State Affairs: Apr 7 2025 5:28PM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 6:51 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · State Affairs · Final status: Died in committee

Subjects

Utilities--Electric

PUBLIC UTILITY COMMISSION

Text

The text as introduced · 329 words

89R3396 CS-D

By: Guillen
H.B. No. 5633

A BILL TO BE ENTITLED

AN ACT

relating to the operation of Texas backup power packages.

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

SECTION 1. Section 34.0204, Utilities Code, is amended to

read as follows:

Sec. 34.0204. TEXAS BACKUP POWER PACKAGES. (a) The

commission may use money in the Texas energy fund without further

appropriation to provide a grant or loan for the operation of a

Texas backup power package that:

(1) is engineered to minimize operation costs;

(2) uses interconnection technology and controls that

enable immediate islanding from the power grid and stand-alone

operation for the host facility;

(3) is capable of operating for at least 96 [ 48 ]

continuous hours without refueling or connecting to a separate

power source; and

(4) is designed so that one or more Texas backup power

packages can be aggregated on-site to serve not more than eight

[ 2.5 ] megawatts of load at the host facility[ ;

[ (5) provides power sourced from:

[ (A) a combination of natural gas or propane with

photovoltaic panels and battery storage; or

[ (B) battery storage on an electric school bus;

and

[ (6) is not used by the owner or host facility for the

sale of energy or ancillary services ].

(b) An owner or host facility of a Texas backup power

package for which a grant or loan is provided under this chapter

that sells energy or ancillary services from the package is not

required to register with the commission as a power generation

company under Section 39.351 if the package has a generation

capacity of not more than 2,000 kilowatts.

SECTION 2. The change in law made by this Act to Section

34.0204(a)(3), Utilities Code, applies only to a Texas backup power

package for which a grant or loan is issued on or after the

effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.