PRIA Logo™
TexasHB 380989th Legislature Regular SessionHouse

Relating to the removal of battery energy storage facilities.

Sponsored By: Rafael Anchía, Drew Darby, Stan Gerdes, Charles Schwertner (Republican)

Signed by Governor

Civil Remedies & LiabilitiesEnergy--Fuel StorageEnvironment--GeneralEnvironment--RecyclingUtilities--ElectricUtilities--General

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Landowners gain battery site cleanup rights

Beginning September 1, 2025, Texas requires cleanup protections in new covered battery storage agreements; older agreements keep prior rules. The standalone rules cover storage resources of at least 1 megawatt-hour, excluding utility-owned facilities and facilities governed by wind or solar agreements. Operators must remove equipment and overhead lines, remove foundations and buried cables at least 3 feet deep, and fill holes with similar soil. They must reuse or recycle parts where practical and properly dispose of the rest under environmental and waste laws. Landowners can request road removal and, where reasonable, removal of rocks over 12 inches, tillable land, and surface restoration. Requested restoration includes native-grass reseeding of pastureland as directed by government agencies. Requests for road removal or added restoration are due within 180 days after the later of two notices: receipt of the grid operator’s permanent-shutdown notice or the operator’s written decommissioning notice. These protections place cleanup costs on operators rather than landowners. Agreements cannot waive chapter rights or excuse operator duties or liability. People harmed by violations can seek a court order stopping further violations, while keeping other legal remedies.

Operators must secure battery cleanup funding

For covered agreements signed on or after September 1, 2025, operators must provide financial backing to protect landowners from cleanup costs. Required backing covers estimated removal, recycling or disposal, and restoration costs, minus salvage value and facility value pledged for outstanding debt. An independent engineer licensed in Texas must determine costs and salvage value by the 10th anniversary of operations. Estimates must be updated at least every 5 years for the rest of the agreement. Operators must deliver the backing by agreement termination or the 15th anniversary of operations, whichever comes first. Options include a guarantee from an investment-grade parent company, a letter of credit, a bond, or another form reasonably acceptable to the landowner. Coverage must stay sufficient until cleanup duties are complete; cancellation requires replacement coverage at or before cancellation. Ownership transfers also require replacement backing to prevent coverage gaps. Operators pay for the backing, estimates, and updates.

Wind and solar operators face battery rules

Beginning September 1, 2025, new covered wind or solar agreements that allow battery storage must include battery-handling rules. Operators must reuse or recycle battery parts when practical and properly dispose of other parts. Financial backing required under the wind or solar rules must also cover these duties. Landowners gain cleanup protections, while operators take on handling and funding obligations.

Sponsors & Cosponsors

Sponsors

  • Rafael Anchía

    House

  • Drew Darby

    House

  • Stan Gerdes

    House

  • Charles Schwertner

    Republican • Senate

Cosponsors

  • Daniel Alders

    House

  • César Blanco

    Democratic • Senate

  • Brad Buckley

    House

  • Ryan Guillen

    House

  • Cody Harris

    House

  • Richard Hayes

    House

  • Andy Hopper

    House

  • Will Metcalf

    House

  • Tom Oliverson

    House

  • Keresa Richardson

    House

  • Alan Schoolcraft

    House

  • Joanne Shofner

    House

Roll Call Votes

All Roll Calls

Yes: 509 • No: 0

House vote • 5/19/2025

Record vote

Yes: 128 • No: 0

Senate vote • 5/13/2025

Record vote

Yes: 31 • No: 0

Senate vote • 5/13/2025

Record vote

Yes: 31 • No: 0

House vote • 4/29/2025

Record vote

Yes: 145 • No: 0

House vote • 4/28/2025

Record vote

Yes: 148 • No: 0

Senate vote • Unknown

Committee vote: Business & Commerce

Yes: 11 • No: 0

House vote • Unknown

Committee vote: State Affairs

Yes: 15 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    5/29/2025House

  2. Signed by the Governor

    5/29/2025House

  3. Sent to the Governor

    5/20/2025House

  4. Signed in the Senate

    5/20/2025Senate

  5. House concurs in Senate amendment(s)-reported

    5/20/2025Senate

  6. Signed in the House

    5/20/2025House

  7. Reported enrolled

    5/19/2025House

  8. Text of Senate Amendment(s)

    5/19/2025House

  9. Statement(s) of vote recorded in Journal

    5/19/2025House

  10. Record vote (RV#2995)

    5/19/2025House

  11. House concurs in Senate amendment(s)

    5/19/2025House

  12. Senate Amendments Analysis distributed

    5/13/2025House

  13. Senate Amendments distributed

    5/13/2025House

  14. Senate passage as amended reported

    5/13/2025House

  15. Record vote

    5/13/2025Senate

  16. Passed

    5/13/2025Senate

  17. Read 3rd time

    5/13/2025Senate

  18. Record vote

    5/13/2025Senate

  19. Three day rule suspended

    5/13/2025Senate

  20. Vote recorded in Journal

    5/13/2025Senate

  21. Read 2nd time & passed to 3rd reading

    5/13/2025Senate

  22. Rules suspended-Regular order of business

    5/13/2025Senate

  23. Co-sponsor authorized

    5/13/2025Senate

  24. Placed on intent calendar

    5/12/2025Senate

  25. Committee report printed and distributed

    5/9/2025Senate

Bill Text

Related Bills

Back to State Legislation