Title OC, Occupations Code

Sec. 1806.005. APPLICABILITY. (a) This chapter does not apply to: (1) except as provided by Subsection (b), a written agreement: (A) entered into in this state for the sale or lease of a residential solar energy system; and (B) pertaining to a residential property located outside…

Sec. 1806.006. PREEMPTION. To the extent of any conflict between this chapter and any of the following laws, this chapter prevails over: (1) a municipal ordinance regulating the same conduct as this chapter; or (2) Chapter 115 or 601, Business & Commerce Code. Added by Acts 2025,…

Sec. 1806.051. GENERAL POWERS AND DUTIES. (a) The department shall administer and enforce this chapter. (b) The commission shall adopt rules necessary to administer and enforce this chapter, including: (1) in addition to any practice prohibited or restricted by this chapter, proh…

Sec. 1806.052. FEES. The commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of: (1) administering this chapter; and (2) any other activity or function necessary for effective regulation under this chapter. Added by Acts 2…

Sec. 1806.053. EDUCATIONAL MATERIALS. (a) The Public Utility Commission of Texas shall develop, in consultation with the department and the office of the attorney general, educational materials that inform consumers of the consumers' rights and remedies related to the purchase or…

Sec. 1806.101. REGISTRATION REQUIRED: SOLAR SALESPERSON. A person may not engage in residential solar retail for compensation unless the person: (1) engages in residential solar retail on behalf of a solar retailer; and (2) is registered as a solar salesperson under this chapter.…

Sec. 1806.102. REGISTRATION REQUIRED: SOLAR RETAILER. A person may not employ or otherwise contract for the services of an individual to engage in residential solar retail on behalf of the person unless the person is registered as a solar retailer. Added by Acts 2025, 89th Leg., …

Sec. 1806.103. ELIGIBILITY FOR REGISTRATION. (a) To be eligible for a registration under this chapter, a person must: (1) submit an application to the department; (2) pay any required fees; and (3) meet the eligibility requirements of this chapter and of rules adopted under this …

Sec. 1806.104. SOLAR RETAILER APPLICATION. An application to register as a solar retailer must include: (1) if the solar retailer is an entity, a list of each controlling person of the solar retailer; (2) the name and registration number of each solar salesperson who engages in r…

Sec. 1806.105. CRIMINAL HISTORY RECORD INFORMATION CHECK. The department may conduct a criminal history record information check of each applicant or, if applicable, any controlling person of an applicant for a registration under this chapter using information: (1) provided by th…

Sec. 1806.106. EXEMPTION FROM CONTINUING EDUCATION. Notwithstanding Section 51.405 or any other provision of this chapter, a solar retailer may not be required to complete continuing education to renew the solar retailer's registration under this chapter. Added by Acts 2025, 89th…

Sec. 1806.151. NOTICE TO DEPARTMENT OF SOLAR SALESPERSONS AUTHORIZED TO ENGAGE IN RESIDENTIAL SOLAR RETAIL. A solar retailer shall promptly notify the department in a manner prescribed by the department of: (1) each solar salesperson authorized to engage in residential solar reta…

Sec. 1806.152. SUPERVISION REQUIRED. (a) A solar retailer shall provide reasonable supervision to each solar salesperson authorized to engage in residential solar retail on behalf of the solar retailer, including making reasonable efforts to correct any violation of this chapter …

Sec. 1806.153. CODE OF CONDUCT; COMPLIANCE WITH OTHER LAW. A solar retailer and a solar salesperson shall comply with: (1) any code of conduct adopted by commission rule governing solar retailers or solar salespersons, as applicable; (2) Subchapter E, Chapter 17, Business & Comme…

Sec. 1806.154. REGISTRATION INFORMATION. (a) On request by the department or a person to whom a solar retailer or solar salesperson has offered to sell or lease, or has sold or leased, a residential solar energy system, the solar retailer or solar salesperson, as applicable, shal…

Sec. 1806.155. REQUIRED CONTRACT PROVISIONS. (a) If the sale or lease of a residential solar energy system involves the installation of the system at a person's residence, the sale or lease agreement must: (1) provide that the installation of the residential solar energy system w…

Sec. 1806.156. RIGHT TO CANCEL AGREEMENT. (a) In this section, "business day" means a calendar day excluding Saturday, Sunday, or any legal holiday, as that term is defined by Section 662.021, Government Code. (b) Notwithstanding any other law, a solar retailer shall allow a buye…

Sec. 1806.201. PROHIBITED ACTS. A person may not: (1) intentionally, knowingly, or recklessly make a false, misleading, or deceptive oral or written statement to another person when engaging in residential solar retail; (2) falsely state or imply an affiliation with a public util…

Sec. 1806.202. DENIAL OR REFUSAL TO RENEW. The executive director may deny an application to register or refuse to renew a registration under this chapter if the applicant or, if applicable, a controlling person of the applicant has: (1) violated this chapter or a rule or order o…

Sec. 1806.203. ADMINISTRATIVE PENALTY. In imposing an administrative penalty under Subchapter F, Chapter 51, for a violation of Section 1806.201, the commission in determining the appropriate amount of the penalty may consider whether any individual over the age of 65 at the time…

Sec. 1806.204. WARNING LETTER. (a) Before imposing an administrative penalty or sanction against a person under Chapter 51, the executive director may issue a warning letter directing a person to take corrective action regarding the violation that is the basis of the penalty or s…

Sec. 1806.205. CEASE AND DESIST ORDER. The executive director may issue a cease and desist order under Section 51.3513 to protect public health and safety. Added by Acts 2025, 89th Leg., R.S., Ch. 1062 (S.B. 1036), Sec. 1, eff. September 1, 2025.

Sec. 1806.206. AMOUNT OF CIVIL PENALTY. (a) Notwithstanding Section 51.352 and except as provided by Subsection (b), the amount of a civil penalty imposed under Chapter 51 for a violation of this chapter or a rule adopted under this chapter may not exceed: (1) $2,500 for each vio…

Sec. 1806.207. AGREEMENT CANCELLATION AND REFUND. (a) Subject to Subsection (b), the commission or executive director may, after notice and a hearing and after finding that a violation of this chapter or a rule adopted under this chapter has occurred, order the cancellation of an…

Sec. 1806.208. VIOLATION BY ELECTRICAL CONTRACTOR. An electrical contractor who violates this chapter or a rule adopted under this chapter is subject to an administrative penalty or sanction or any other enforcement provision under Chapter 1305, Chapter 51, and this chapter. Adde…