An informal working draft of proposed rules implementing the new Battery Energy Storage Facility Safety framework under Chapter 187 of the Texas Utilities Code has been issued jointly by the Texas Department of Insurance (TDI) and the State Fire Marshal’s Office (SFMO). The draft rules apply to BESS facilities with a capacity of 1 MWh or greater with a commercial operations date on or after January 1, 2027, and would amend the Texas Administrative Code, Title 28, Chapter 34, to update NFPA 1 and NFPA 101 to the 2024 editions, adopt NFPA 855-2023 and UL 9540A as the safety standards applicable to BESS facilities, and authorizes TDI and SFMO to administer and enforce Chapter 187 of the Utilities Code.
TDI and SFMO have identified unresolved questions on which they are seeking stakeholder comments, including how “commercial operations date” should be defined, and establishing a specific penalty structure for violations.
Comments must be submitted to SFMO by 5pm CT on May 11, 2026 at fire.marshal@tdi.texas.gov. Additional information regarding the informal working draft is available by contacting SFMO at 512-676-6800.
https://www.tdi.texas.gov/rules/documents/34303coverpage.pdf
_______________________________________________________________________________________
Brittany Dadon is a partner in the Austin, Texas, law firm of Stahl, Sewell, Chavarria, Friend & Cohen LLP. Her practices focus on energy, real estate, regulatory and permitting. She can be contacted at bdadon@sbaustinlaw.com or (510) 676-1773.