Monitoring the Session

SB 1252

Schwertner Energy Backup Bill Spares Cities With Their Own Utility

Became law, effective Sep 1, 2025

Verdict: Smells

SmellsInitial review
Sen. Charles SchwertnerRSenate 5
Why it's charged
The hole

THE TEXT

“This section does not limit the authority of a municipally owned utility, as defined by Section 11.003, Utilities Code, to regulate the installation or inspection of a residential energy backup system within the utility's service area.”

Bill text, House committee report version (H)

The bill removes city authority over these systems, but a city that owns its electric utility keeps the same power through that utility. This partly undercuts the stated goal of cutting municipal red tape, though cities without their own utility remain covered.

The hole

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the authority of a municipality to regulate the installation or inspection of a residential energy backup system.

Caption from analyzed text · version H.

Summary

Cities can’t regulate home backup systems up to 50 kilowatts. Own the electric utility? Regulate away.

The bill bars Texas cities from adopting or enforcing their own rules, or local changes to the National Electrical Code, on installing or inspecting small home backup power systems. It covers home systems that put out no more than 50 kilowatts or store no more than 100 kilowatt hours, and it touches cities, homeowners and installers. Cities that own their own electric utility can still regulate these systems inside the utility's service area, and the change applies to installations started on or after September 1, 2025.

Labels

Labels: NO AUTOGRAPH. Became law without the governor's signature on Jun 20, 2025.

Receipt

The receipt

89R-SB1252 · 2025-02-12

SOLD BY

Sen. Charles SchwertnerRSenate 5

ITEM

relating to the authority of a municipality to regulate the installation or inspection of a residential energy backup system.

WHAT IT DOES

Cities can’t regulate home backup systems up to 50 kilowatts. Own the electric utility? Regulate away.

The bill bars Texas cities from adopting or enforcing their own rules, or local changes to the National Electrical Code, on installing or inspecting small home backup power systems. It covers home systems that put out no more than 50 kilowatts or store no more than 100 kilowatt hours, and it touches cities, homeowners and installers. Cities that own their own electric utility can still regulate these systems inside the utility's service area, and the change applies to installations started on or after September 1, 2025.

CHARGES

[x] THE HOLEanalysis confidence 45%

THE TEXT

“This section does not limit the authority of a municipally owned utility, as defined by Section 11.003, Utilities Code, to regulate the installation or inspection of a residential energy backup system within the utility's service area.”

Bill text, House committee report version (H)

The bill removes city authority over these systems, but a city that owns its electric utility keeps the same power through that utility. This partly undercuts the stated goal of cutting municipal red tape, though cities without their own utility remain covered.

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · March 18, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Business & Commerce
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Testimony taken in committee
  8. Left pending in committee
  9. Considered in public hearing
  10. Vote taken in committee
  11. Reported favorably as substituted
  12. Committee report printed and distributed
  13. Placed on intent calendar
  14. Not again placed on intent calendar
  15. Placed on intent calendar
  16. Not again placed on intent calendar
  17. Placed on intent calendar
  18. Rules suspended-Regular order of business
  19. Vote recorded in Journal
  20. Read 2nd time & passed to engrossment
  21. Vote recorded in Journal
  22. Three day rule suspended
  23. Record vote
  24. Read 3rd time
  25. Passed
  26. Record vote
  27. Reported engrossed
  28. Received from the Senate
  29. Read first time
  30. Referred to State Affairs
  31. Considered in public hearing
  32. Reported favorably w/o amendment(s)
  33. Comte report filed with Committee Coordinator
  34. Committee report distributed
  35. Committee report sent to Calendars
  36. Considered in Calendars
  37. Placed on General State Calendar
  38. Read 2nd time
  39. Passed to 3rd reading
  40. Record vote RV#3109
  41. Statement(s) of vote recorded in Journal
  42. Read 3rd time
  43. Passed
  44. Record vote RV#3156
  45. Statement(s) of vote recorded in Journal
  46. House passage reported
  47. Reported enrolled
  48. Signed in the Senate
  49. Signed in the House
  50. Sent to the Governor
  51. Filed without the Governor's signature
  52. Effective on 9/1/25
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 137 yea · 6 nay

Senate · 29 yea · 2 nay

Sources

House: Final passage · May 21, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Mar 31, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Charles Schwertner

Donors

Donors report through Texans for Charles Schwertner.

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.

Money

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

Votes5

House May 21, 2025

Yea
137
Nay
6
Present, not voting
2
Absent
3
Excused
2
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 3156

SB 1252 was passed by (Record 3156): 137 Yeas, 6 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 137 (published)
  • Nay: 6 (published)
  • Present, not voting: 2 (published)
  • Absent: 3 (derived from named list)
  • Excused: 2 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 20, 2025

Yea
123
Nay
6
Present, not voting
3
Absent
5
Excused
13
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 3109

SB 1252 was passed to third reading by (Record 3109): 123 Yeas, 6 Nays, 3 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 123 (published)
  • Nay: 6 (published)
  • Present, not voting: 3 (published)
  • Absent: 5 (derived from named list)
  • Excused: 13 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate Mar 31, 2025

Yea
29
Nay
2
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 29 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 31, 2025

Yea
29
Nay
2
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1252 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 2.

Published stock of positions for this vote, except where marked derived.

  • Yea: 29 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 31, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

Senator Schwertner moved to suspend the regular order of business to take up for consideration CSSB 1252 at this time on its second reading: CSSB 1252, Relating to the authority of a municipality to regulate the installation or inspection of a residential energy backup system. The motion prevailed. Senators Eckhardt and Johnson asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses10
For
6
Against
1
On
3
Names

For

  • Generac1 registration
  • R Street Institute1 registration
  • Self1 registration
  • Self; Base Power Company1 registration
  • Texas Advanced Energy Business Alliance1 registration
  • Texas Association of Builders1 registration

Against

  • City of Dallas1 registration

On

  • Lone Star Chapter Sierra Club1 registration
  • Public Citizen1 registration
  • Texas Public Power Association1 registration
Sources

10 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · March 18, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas Senate · Filed Feb 12, 2025

06/20/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Sponsors
Ken KingRHouse 88

House committee · State Affairs · Committee vote 14 aye, 0 nay, 1 absent · Out of committee

Senate committee · Business & Commerce · Committee vote 9 aye, 1 nay, 1 absent · Out of committee

Companion

HB 3493 by King (identical)

Subjects

City Government--Utilities

Utilities--Electric

Text

The text as introduced · 317 words

89R5334 CS-F

By: Schwertner
S.B. No. 1252

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a municipality to regulate the

installation or inspection of a residential energy backup system.

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

SECTION 1. Section 214.211, Local Government Code, is

amended by adding Subdivision (6) to read as follows:

(6) "Residential energy backup system" means a backup

energy system installed at a residential property that is capable

of providing no more than 50 kilowatts of electricity to the

residence or has a storage capacity of no more than 100 kilowatt

hours.

SECTION 2. Section 214.214, Local Government Code, is

amended by adding Subsection (d) to read as follows:

(d) A municipality may not adopt or enforce an amendment to

the National Electrical Code that would regulate the installation

or inspection of a residential energy backup system.

SECTION 3. The heading to Subchapter C, Chapter 229, Local

Government Code, is amended to read as follows:

SUBCHAPTER C. REGULATION OF SOLAR ENERGY AND BACKUP ENERGY DEVICES

SECTION 4. Subchapter C, Chapter 229, Local Government

Code, is amended by adding Section 229.102 to read as follows:

Sec. 229.102. REGULATION OF RESIDENTIAL ENERGY BACKUP

SYSTEMS. (a) In this section, "residential energy backup system"

means a backup energy system installed at a residential property

that is capable of providing no more than 50 kilowatts of

electricity to the residence or has a storage capacity of no more

than 100 kilowatt hours.

(b) A municipality may not adopt or enforce an ordinance,

rule, or other measure that would regulate the installation or

inspection of a residential energy backup system.

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

the installation or inspection of a residential energy backup

system initiated on or after the effective date of this Act.

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