Regular Session
Government Affairs & Regulatory Compliance Analysis
HB3809 imposes strict, non-negotiable decommissioning, restoration, and financial assurance obligations on all non-utility Battery Energy Storage Systems (BESS) with a capacity of one megawatt-hour or more. Developers entering into land leases on or after May 29, 2025, must incorporate specific statutory restoration standards and bonding requirements, as any attempt to contractually waive these duties is now void as a matter of law.
Rep. Drew Darby·House Bill·Regular Session
This legislation has regulatory implications for the following Texas businesses and organizations:
Significant regulatory changes (effective 2025-05-29). Review with your legal and compliance teams to understand implications.
Affected business types:
highSignificant operational investment may be required.
JD Key Consulting provides government affairs and regulatory strategy services. We help businesses navigate Texas agencies, understand legislative impacts, and advocate for their interests.
JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.
Key implementation requirements and action items for compliance with this legislation
JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.
Schedule a ConsultationInformation presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
This bill's path through the Texas Legislature
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Common questions about HB3809
HB3809 imposes strict, non-negotiable decommissioning, restoration, and financial assurance obligations on all non-utility Battery Energy Storage Systems (BESS) with a capacity of one megawatt-hour or more. Developers entering into land leases on or after May 29, 2025, must incorporate specific statutory restoration standards and bonding requirements, as any attempt to contractually waive these duties is now void as a matter of law.
HB3809 was authored by Texas Representative Drew Darby during the Regular Session.
HB3809 was signed into law by Governor Greg Abbott on May 29, 2025.
HB3809 is enforced by Texas Civil Courts (Private Right of Action for Landowners).
The regulatory priority for HB3809 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.
The cost impact of HB3809 is estimated as "high". This may vary based on industry and implementation requirements.
HB3809 addresses topics including energy, energy--fuel storage, environment, environment--general and utilities.
Key dates for HB3809: Effective date is 2025-05-29. Consult with legal counsel regarding applicability.
HB3809 establishes the following penalties: civil penalty of Injunctive Relief for Failure to comply with decommissioning, restoration, or financial assurance obligations; attempts to waive statutory duties in lease agreements are void.. Consult with legal counsel for specific applicability to your situation.
HB3809 primarily affects energy companies and power generators, utility companies and energy providers. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.
JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.
