Bill Text: TX SB238 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the regulation by a property owners' association of the installation of solar energy devices on property.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-05-21 - Committee report sent to Calendars [SB238 Detail]
Download: Texas-2011-SB238-Engrossed.html
By: West, Wentworth | S.B. No. 238 |
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relating to the regulation by a property owners' association of the | ||
installation of solar energy devices on property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 202, Property Code, is amended by adding | ||
Section 202.010 to read as follows: | ||
Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES. (a) In | ||
this section, "solar energy device" has the meaning assigned by | ||
Section 171.107, Tax Code. | ||
(b) Except as otherwise provided by Subsection (d), a | ||
property owners' association may not include or enforce a provision | ||
in a dedicatory instrument that prohibits or restricts a property | ||
owner from installing a solar energy device. | ||
(c) A provision that violates Subsection (b) is void. | ||
(d) A property owners' association may include or enforce a | ||
provision in a dedicatory instrument that prohibits a solar energy | ||
device that: | ||
(1) as adjudicated by a court: | ||
(A) threatens the public health or safety; or | ||
(B) violates a law; | ||
(2) is located on property owned or maintained by the | ||
property owners' association; | ||
(3) is located on property owned in common by the | ||
members of the property owners' association; | ||
(4) is located in an area on the property owner's | ||
property other than: | ||
(A) on the roof of the home or of another | ||
structure allowed under a dedicatory instrument; or | ||
(B) in a fenced yard or patio owned and | ||
maintained by the property owner; | ||
(5) if mounted on the roof of the home: | ||
(A) extends higher than or beyond the roofline; | ||
(B) is located in an area other than an area | ||
designated by the property owners' association, unless the | ||
alternate location increases the estimated annual energy | ||
production of the device, as determined by using a publicly | ||
available modeling tool provided by the National Renewable Energy | ||
Laboratory, by more than 10 percent above the energy production of | ||
the device if located in an area designated by the property owners' | ||
association; | ||
(C) does not conform to the slope of the roof and | ||
has a top edge that is not parallel to the roofline; or | ||
(D) has a frame, a support bracket, or visible | ||
piping or wiring that is not in a silver, bronze, or black tone | ||
commonly available in the marketplace; | ||
(6) if located in a fenced yard or patio, is taller | ||
than the fence line; | ||
(7) as installed, voids material warranties; or | ||
(8) was installed without prior approval by the | ||
property owners' association or by a committee created in a | ||
dedicatory instrument for such purposes that provides decisions | ||
within a reasonable period or within a period specified in the | ||
dedicatory instrument. | ||
(e) A property owners' association or the association's | ||
architectural review committee may not withhold approval for | ||
installation of a solar energy device if the provisions of the | ||
dedicatory instruments to the extent authorized by Subsection (d) | ||
are met or exceeded, unless the association or committee, as | ||
applicable, determines in writing that placement of the device as | ||
proposed by the property owner constitutes a condition that | ||
substantially interferes with the use and enjoyment of land by | ||
causing unreasonable discomfort or annoyance to persons of ordinary | ||
sensibilities. | ||
SECTION 2. Section 202.010, Property Code, as added by this | ||
Act, applies to a dedicatory instrument without regard to whether | ||
the dedicatory instrument takes effect or is renewed before, on, or | ||
after the effective date of this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |