BESScheck

Battery storage rules: Texas

Last checked against primary sources: October 23, 2026

Texas has no general statewide fire code; cities adopt their own IFC editions, and larger counties may adopt a fire code for unincorporated areas. Since September 1, 2025, Utilities Code Chapter 187 requires state fire safety standards for facilities of 1 MWh or more that begin commercial operation on or after January 1, 2027, based on NFPA 855 (2023 edition or later) and UL 9540A testing, with independent engineer reports at least every 5 years and an emergency operations plan delivered to the local fire department (HB 3824, enrolled text, Utilities Code Ch. 187). Local rules vary by city and county, so confirm the requirements with the local office.

No statewide moratorium: Austin County has paused battery storage

There is no statewide moratorium; counties and cities act on their own. - State law: a county may not adopt rules inconsistent with the state's fire-safety standards unless another statute allows it (§187.003(d)), but it may ask for an independent engineering evaluation before a facility in its unincorporated area starts operating (§187.003(e)). - Gillespie County: a resolution opposing battery storage (February 24, 2025), and an agreed temporary injunction (January 21, 2026) in its lawsuit over a project near Harper. Austin County moratorium order (July 27, 2026); Gillespie County BESS page; Utilities Code §187.003(d)–(e) (HB 3824)

Fire and building codes in force

How a project is permitted

No state siting permit. HB 1343 and SB 1519, which would have required a Public Utility Commission permit for certain electric energy storage facilities, remained in committee (Texas Legislature Online). Chapter 187 applies to facilities of 1 MWh or more with a commercial operations date on or after January 1, 2027 (§187.002). The operator delivers the site-specific emergency operations plan to the local first responder that provides fire protection before the commercial operations date (§187.004(d)(1)); the State Fire Marshal enforces the chapter, including administrative penalties (§187.005). A county may also have its own requirements, so ask the county and city for the local permit path. ERCOT registration and interconnection is a market process, not a safety permit.

Setbacks and spacing

Legislation

Reported incidents

Storage in this place

Places within

Sources

Check a specific system

For a proposal or a system you're evaluating, answer a few questions in BESScheck: you get the rules that apply here, a checklist of what to ask, and the sources behind each line.