Bill Text: TX HB2524 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to unenforceable restrictive covenants regarding standby electric generators affecting residential homes.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB2524 Detail]
Download: Texas-2013-HB2524-Comm_Sub.html
83R21139 T | |||
By: Oliveira | H.B. No. 2524 | ||
Substitute the following for H.B. No. 2524: | |||
By: Orr | C.S.H.B. No. 2524 |
|
||
|
||
relating to unenforceable restrictive covenants regarding standby | ||
electric generators affecting residential homes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 202, Property Code, is amended by adding | ||
Section 202.019, to read as follows: | ||
Sec. 202.019. STANDBY ELECTRIC GENERATORS. (a) In this | ||
section, "standby electric generator" means a device that converts | ||
mechanical energy to electrical energy and is: | ||
(1) powered by natural gas, liquefied petroleum gas, | ||
diesel fuel, biodiesel fuel or hydrogen; | ||
(2) fully enclosed in an integral | ||
manufacturer-supplied sound attenuating enclosure; | ||
(3) connected to the main electrical panel of a | ||
residence by a manual or automatic transfer switch; and | ||
(4) rated for a generating capacity of not less than | ||
seven kilowatts. | ||
(b) Except as provided by this section, a property owners' | ||
association may not adopt or enforce a dedicatory instrument | ||
provision that prohibits, restricts, or has the effect of | ||
prohibiting or restricting an owner from owning, operating, | ||
installing or maintaining a permanently installed standby electric | ||
generator. | ||
(c) A property owners' association may adopt or enforce any | ||
of the following dedicatory instrument provisions to regulate the | ||
operation and installation of standby electric generators: | ||
(1) require a standby electric generator to be | ||
installed and maintained in compliance with: | ||
(A) the manufacturer's specifications; and | ||
(B) applicable governmental health, safety, | ||
electrical codes and building codes; | ||
(2) require all electrical, plumbing and fuel line | ||
connections to be installed only by licensed contractors; | ||
(3) require all electrical and fuel line connections | ||
to be installed underground; | ||
(4) require non-integral standby electric generator | ||
fuel tanks to be installed and maintained to comply with applicable | ||
municipal zoning ordinances and governmental health, safety, | ||
electrical and building codes; | ||
(5) require the standby electric generator, its | ||
electrical lines and its fuel lines, to be maintained in good | ||
condition; | ||
(6) require the repair, replacement or removal of any | ||
deteriorated or unsafe component of a standby electric generator, | ||
including electrical or fuel lines; | ||
(7) require an owner to screen a standby electric | ||
generator if the standby electric generator is: | ||
(A) visible from the street faced by the | ||
dwelling; | ||
(B) located in an unfenced side or rear yard of a | ||
residence and is visible either from an adjoining residence or from | ||
adjoining property owned by the property owners' association; or | ||
(C) located in an side or rear yard fenced by a | ||
wrought iron or residential aluminum fence and is visible through | ||
the fence either from an adjoining residence or from adjoining | ||
property owned by the property owners' association; | ||
(8) set reasonable times, consistent with the | ||
manufacturer's recommendations, for the periodic testing of a | ||
standby electric generator; | ||
(9) prohibit the use of a standby electric generator | ||
to generate all or substantially all of the electrical power to a | ||
residence, except when utility generated electrical power to the | ||
residence is not available or is intermittent due to causes other | ||
than non-payment for utility service to the residence; | ||
(10) regulate the location of the standby electric | ||
generator; | ||
(11) prohibit an owner from locating a standby | ||
electric generator on property: | ||
(A) owned or maintained by the property owners' | ||
association; or | ||
(B) owned in common by the property owners' | ||
association members. | ||
(d) The foregoing dedicatory instrument provisions, if | ||
adopted, must be reasonably applied and enforced. | ||
(e) A dedicatory instrument provision that regulates the | ||
location of a standby electric generator is unenforceable if: | ||
(1) it increases the cost of installing the standby | ||
electric generator by more than ten percent; or | ||
(2) it increases the cost of installing and connecting | ||
the electrical and fuel lines for the standby electric generator by | ||
more than twenty percent. | ||
(f) If a dedicatory instrument requires that the | ||
installation of a standby electric generator be approved prior to | ||
installation, approval may not be withheld if the proposed | ||
installation meets or exceeds the dedicatory instrument provisions | ||
permitted by Subsection (c). | ||
(g) If a dedicatory instrument provision requires an owner | ||
to submit an application for approval of improvements located | ||
exterior to a residence, this Section does not negate the | ||
requirement, but the information required to be submitted as part | ||
of the application for the installation of a standby electric | ||
generator may not be greater or more detailed than the application | ||
for any other improvement. | ||
(h) In a hearing, action or proceeding to determine whether | ||
a proposed or installed standby electric generator complies with | ||
the requirements of the dedicatory instrument provisions permitted | ||
by Subsection (c), the party asserting non-compliance bears the | ||
burden of proof. | ||
(i) The installation of a standby electric generator by a | ||
licensed contractor or the acceptance of the installation of a | ||
standby electric generator, or any of its components, by a utility | ||
provider, governmental subdivision or department of such a | ||
governmental subdivision, is conclusive proof that a standby | ||
electric generator was installed in compliance with this Section. | ||
SECTION 2. Section 202.019, Property Code, as added by this | ||
Act, applies to a dedicatory instrument adopted 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, 2013. |