Bill Text: TX HB362 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the regulation by a property owners' association of the installation of solar energy devices and certain roofing materials on property.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2011-06-17 - Effective immediately [HB362 Detail]
Download: Texas-2011-HB362-Enrolled.html
H.B. No. 362 |
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relating to the regulation by a property owners' association of the | ||
installation of solar energy devices and certain roofing materials | ||
on property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 202, Property Code, is amended by adding | ||
Sections 202.010 and 202.011 to read as follows: | ||
Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES. (a) In | ||
this section: | ||
(1) "Development period" means a period stated in a | ||
declaration during which a declarant reserves: | ||
(A) a right to facilitate the development, | ||
construction, and marketing of the subdivision; and | ||
(B) a right to direct the size, shape, and | ||
composition of the subdivision. | ||
(2) "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. For purposes of making a determination under this | ||
subsection, the written approval of the proposed placement of the | ||
device by all property owners of adjoining property constitutes | ||
prima facie evidence that such a condition does not exist. | ||
(f) During the development period, the declarant may | ||
prohibit or restrict a property owner from installing a solar | ||
energy device. | ||
Sec. 202.011. REGULATION OF CERTAIN ROOFING MATERIALS. A | ||
property owners' association may not include or enforce a provision | ||
in a dedicatory instrument that prohibits or restricts a property | ||
owner who is otherwise authorized to install shingles on the roof of | ||
the owner's property from installing shingles that: | ||
(1) are designed primarily to: | ||
(A) be wind and hail resistant; | ||
(B) provide heating and cooling efficiencies | ||
greater than those provided by customary composite shingles; or | ||
(C) provide solar generation capabilities; and | ||
(2) when installed: | ||
(A) resemble the shingles used or otherwise | ||
authorized for use on property in the subdivision; | ||
(B) are more durable than and are of equal or | ||
superior quality to the shingles described by Paragraph (A); and | ||
(C) match the aesthetics of the property | ||
surrounding the owner's property. | ||
SECTION 2. Sections 202.010 and 202.011, Property Code, as | ||
added by this Act, apply 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 362 was passed by the House on April | ||
11, 2011, by the following vote: Yeas 143, Nays 3, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 362 on May 27, 2011, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 362 on May 29, 2011, by the following vote: Yeas 143, | ||
Nays 1, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 362 was passed by the Senate, with | ||
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
362 on May 29, 2011, by the following vote: Yeas 31, Nays 0 | ||
. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |