HB 1378

AN ACT relating to municipal and county regulation of certain electric

House Bill Virdell | Troxclair | Cain
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

← Back to Bills

Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Requires municipalities and counties to prohibit the installation of electric energy storage facilities within 500 yards of neighboring properties unless written consent is obtained from those property owners. The regulation applies specifically to wholesale electric energy storage systems, creating a mandatory setback rule that aims to protect neighboring landowners from potential impacts of large-scale energy storage installations. By September 1, 2025, local governments must adopt ordinances establishing these 500-yard consent requirements, though existing installations will not be forced to relocate.

Subject Areas

Bill Text

relating to municipal and county regulation of certain electric
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 247, Local Government Code, as added by
Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular
Session, 2023, is amended by adding Section 247.004 to read as
Sec. 247.004.  REGULATION OF ELECTRIC ENERGY STORAGE.  (a)
This section applies only to electric energy storage intended to be
used to sell at wholesale energy or ancillary services, as defined
by Section 35.004, Utilities Code.
(b)  A municipality by ordinance and a county by order shall
prohibit the installation of electric energy storage within 500
yards of real property owned by a person other than the owner or
operator of the proposed storage unless the owner or operator of the
proposed storage obtains written consent from each owner of the
(c)  For the purposes of this section, the measurement of
distance between an electric energy storage structure and a
property line shall be taken from the point on the structure that is
nearest to the nearest point on the property line.
(d)  A county may not regulate under Subsection (b) the
installation of electric energy storage within the corporate
SECTION 2.  Not later than October 1, 2025, a municipality by
ordinance and a county by order shall adopt a prohibition on the
installation of electric energy storage as required by Section
247.004, Local Government Code, as added by this Act.  The ordinance
or order may not require the removal of any electric energy storage
the installation of which began before the effective date of the
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to municipal and county regulation of certain electric