TexasHB 382489th Legislature Regular SessionHouse

Relating to fire safety standards and emergency operations plans for the operation of battery energy storage facilities; providing administrative penalties.

Sponsored By: Stan Gerdes, Ken King, Charles Schwertner (Republican)

Signed by Governor

City Government--GeneralCity Government--UtilitiesCounty Government--GeneralDisaster Preparedness & ReliefEnergy--Fuel StorageHealth--Emergency Services & PersonnelSafetyUtilities--ElectricUtilities--GeneralFIRE MARSHALFIRE SAFETY & PREVENTIONSTAFF DEVELOPMENT & TRAININGINSURANCE, COMMISSIONER OF

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Bill Overview

Analyzed Economic Effects

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

Battery operators pay for independent safety checks

Effective September 1, 2025, these duties cover facilities storing at least 1 megawatt-hour that start commercial operations January 1, 2027, or later. Before operations begin, operators must pay for an independent qualified engineer or consultant's safety review when the city—or county in an unincorporated area—requests one. If requested and held or created by the operator, site, equipment, UL testing, design, monitoring, and fire-protection records must be available to the evaluator and local government at the first permit application; emergency plans and hazard analyses are due when installation begins. Operators must also pay for independent fire-safety inspections at least every five years, covering structures, weatherproofing, maintenance, emergency plans, alarm histories, fire systems, ventilation, and safety equipment. Review and inspection reports must identify problems and recommended fixes and go to the relevant local government; the law sets no review or inspection cost.

Battery sites need plans and responder training

Effective September 1, 2025, these duties cover facilities storing at least 1 megawatt-hour that start commercial operations January 1, 2027, or later. Operators and municipally owned utilities must prepare site-specific emergency plans covering environmental hazards, risk reduction, safe shutdown and isolation, damaged equipment, drills, and responder contacts. Plans must include emergency steps to protect nearby residents, neighboring properties, and responders. Before commercial operations begin, operators must give plans to local fire responders and keep plans and safety data accessible on-site. Operators must fund and offer free initial education and annual responder training on battery hazards, responder protection, emergency procedures, and an on-site review of equipment and access routes.

Statewide battery safety rules limit local control

Effective September 1, 2025, Texas requires statewide battery fire-safety rules based solely on national standards, including UL 9540A and NFPA 855, 2023 or later. Coverage starts at 1 megawatt-hour for facilities beginning commercial operations on or after January 1, 2027, under criteria the Insurance Commissioner sets; electric-utility-owned equipment is excluded from the facility definition. Operators and municipally owned utilities must follow the standards in effect at their first building permit or similar installation application. Cities and counties cannot keep conflicting local rules unless another statute expressly allows them. The commissioner must delegate enforcement to the State Fire Marshal and adopt a penalty schedule; the law states no penalty amounts.

Sponsors & Cosponsors

Sponsors

  • Stan Gerdes

    House

  • Ken King

    House

  • Charles Schwertner

    Republican • Senate

Cosponsors

  • Daniel Alders

    House

  • Bob Hall

    Republican • Senate

  • Cody Harris

    House

  • Richard Hayes

    House

  • Hillary Hickland

    House

  • Lacey Hull

    House

  • Shelley Luther

    House

  • Will Metcalf

    House

  • Penny Morales Shaw

    House

  • Joanne Shofner

    House

  • Shelby Slawson

    House

Roll Call Votes

All Roll Calls

Yes: 454 • No: 15

House vote • 5/28/2025

Record vote

Yes: 135 • No: 2

Senate vote • 5/25/2025

Record vote

Yes: 0 • No: 0

Senate vote • 5/25/2025

Record vote

Yes: 31 • No: 0

House vote • 5/15/2025

Record vote

Yes: 139 • No: 0

House vote • 5/14/2025

Record vote

Yes: 123 • No: 13

House vote • Unknown

Committee vote: State Affairs

Yes: 15 • No: 0

Senate vote • Unknown

Committee vote: Business & Commerce

Yes: 11 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House
  2. Signed by the Governor

    6/20/2025House
  3. Sent to the Governor

    5/31/2025House
  4. Signed in the Senate

    5/31/2025Senate
  5. Signed in the House

    5/30/2025House
  6. Reported enrolled

    5/29/2025House
  7. House concurs in Senate amendment(s)-reported

    5/28/2025Senate
  8. Text of Senate Amendment(s)

    5/28/2025House
  9. Record vote (RV#3977)

    5/28/2025House
  10. House concurs in Senate amendment(s)

    5/28/2025House
  11. Co-sponsor authorized

    5/27/2025Senate
  12. Senate Amendments Analysis distributed

    5/26/2025House
  13. Senate Amendments distributed

    5/26/2025House
  14. Senate passage as amended reported

    5/26/2025House
  15. Record vote

    5/25/2025Senate
  16. Passed

    5/25/2025Senate
  17. Read 3rd time

    5/25/2025Senate
  18. Record vote

    5/25/2025Senate
  19. Three day rule suspended

    5/25/2025Senate
  20. Vote recorded in Journal

    5/25/2025Senate
  21. Read 2nd time & passed to 3rd reading

    5/25/2025Senate
  22. Rules suspended-Regular order of business

    5/25/2025Senate
  23. Placed on intent calendar

    5/25/2025Senate
  24. Committee report printed and distributed

    5/22/2025Senate
  25. Reported favorably as substituted

    5/22/2025Senate

Bill Text

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