Battery storage rules: Texas
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
- No statewide fire code for most jurisdictions. Where the State Fire Marshal's Office (SFMO) has jurisdiction, NFPA 855 (2020 edition) applies to systems above its Table 1.3 thresholds (TDI, "FAQ: Texas battery energy storage systems").
- Counties with a population over 250,000, and counties adjacent to them, may adopt a fire code (Local Government Code §233.061) covering commercial, public and multifamily buildings of 4 or more units in unincorporated areas, which does not apply to an industrial facility with an OSHA-conforming fire brigade (§233.062). Ask your county whether it has adopted a fire code for unincorporated areas.
- Harris County: 2021 IFC for unincorporated areas; the county page states adoption on January 1, 2025 (Harris County Fire Code Hub).
- Houston: the Houston Fire Marshal's standards and codes page lists the 2015 IFC with Houston amendments. Ask the Houston Fire Marshal which IFC edition is currently enforced.
- San Antonio: 2024 IFC (City of San Antonio SAFD Fire Codes page).
- Austin: 2024 IFC, effective July 10, 2025 (City of Austin Fire Building Code page).
- Dallas and other cities: ask the city fire marshal which IFC edition and local amendments apply.
- NFPA 855: 2020 edition where SFMO has jurisdiction (TDI FAQ); Chapter 187 standards must be based on "the 2023 edition of NFPA 855 or a later edition" (HB 3824, §187.003(a)).
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
- No statewide numeric setback. §187.003(d): "Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is inconsistent with the standards for design, installation, operation, and safety adopted by the commissioner under Subsection (a)." HB 1378, on municipal and county regulation of certain electric energy storage, was left pending in committee on April 30, 2025. Fire / building code HB 3824, enrolled text; HB 1378 bill history (Texas Legislature Online)
Legislation
- HB 3824 (89th Legislature, 2025) — fire safety standards + emergency operations plans (enacted): Utilities Code Ch. 187. Signed June 20, 2025; effective September 1, 2025. HB 3824 enrolled text and bill history (Texas Legislature Online)
- HB 3809 (89th, 2025) — removal of battery energy storage facilities (enacted): Relating to the removal of battery energy storage facilities. Signed May 29, 2025; effective September 1, 2025. HB 3809 bill history (Texas Legislature Online)
- HB 3229 (89th, 2025) — recycling of certain renewable energy components (enacted): Relating to recycling of certain renewable energy components; authorizes an administrative penalty. Signed May 29, 2025; effective September 1, 2025. HB 3229 bill history (Texas Legislature Online)
- HB 1378 (89th, 2025) — municipal and county regulation of electric energy storage (failed): Left pending in House State Affairs Committee on April 30, 2025. HB 1378 bill history (Texas Legislature Online)
- HB 1343 / SB 1519 (89th, 2025) — Public Utility Commission permit for electric energy storage (failed): Both bills remained in committee after referral in March 2025. HB 1343 and SB 1519 bill histories (Texas Legislature Online)
Reported incidents
- FOX RGV reported on September 24, 2026 that Mission firefighters responded to a reported fire at a battery storage facility in Mission the night before; no cause was given. FOX RGV, September 24, 2026
Storage in this place
- Market context (ERCOT, February 2026): 15,712 MW of battery storage installed and operating, with more than 6,000 MW added in the prior year (ERCOT, "Understanding Battery Energy Storage Systems," February 2026).
Places within
- Austin County, TX — temporary moratorium on battery storage and data centers
Sources
- HB 3824 (89th Legislature) — enrolled text Texas Legislature Online
- HB 3824 — bill history Texas Legislature Online
- HB 3809 — bill history (removal) Texas Legislature Online
- HB 3229 — bill history (recycling) Texas Legislature Online
- HB 1343 — bill history (PUC permit) Texas Legislature Online
- SB 1519 — bill history (PUC permit) Texas Legislature Online
- HB 1378 — bill history (local regulation) Texas Legislature Online
- TDI — FAQ: Texas battery energy storage systems Texas Department of Insurance / State Fire Marshal
- Local Government Code, Chapter 233 (county regulation of housing and other structures) Texas Statutes
- Harris County Fire Code Hub — fire code amendments Harris County Fire Marshal
- Houston Fire Marshal — standards and codes City of Houston
- San Antonio Fire Department — fire codes City of San Antonio
- City of Austin — Fire building code City of Austin
- Austin County — Battery Energy Storage System and Data Center Moratorium (executed order, July 27, 2026) Austin County
- Gillespie County — BESS information (resolution and court filings) Gillespie County
- FOX RGV — Mission firefighters respond to fire at battery storage facility FOX RGV
- ERCOT — Understanding Battery Energy Storage Systems: Current and Future (Feb 2026) ERCOT
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.