Texas Utilities Code
§ 187.003 — FIRE SAFETY STANDARDS FOR BATTERY ENERGY STORAGE FACILITIES
UT § 187.003Title 4. DELIVERY OF UTILITY SERVICES · Part B. PROVISIONS REGULATING DELIVERY OF SERVICES · Ch. 187. BATTERY ENERGY STORAGE FACILITY SAFETY
Statute text
View on source(a)The commissioner by rule shall adopt fire safety standards and testing requirements for the design, installation, operation, and safety of battery energy storage facilities based solely on:
(1)nationally recognized standards for battery energy storage equipment or facilities established by UL Solutions, such as UL 9540A testing standards; and
(2)minimum standards related to stationary energy storage facilities established by the National Fire Protection Association, such as the 2023 edition of NFPA 855 or a later edition.
(b)The commissioner may periodically update the standards and requirements adopted under Subsection (a) as necessary to reflect changes in the nationally recognized standards and the National Fire Protection Association standards on which the commissioner's standards are based.
(c)Each battery operator or municipally owned utility that owns or operates a battery energy storage facility shall ensure that the facility meets the standards for design, installation, operation, and safety adopted by the commissioner under Subsection (a) in effect at the time the operator or utility first submits an application for a building permit or other similar authorization from the relevant political subdivision to install the facility.
(d)Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is inconsistent with the standards for design, installation, operation, and safety adopted by the commissioner under Subsection (a).
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Legislative history
Added by Acts 2025, 89th Leg., R.S., Ch. 641 (H.B. 3824), Sec. 1, eff. September 1, 2025.