Bill Text: TX HB3038 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to unenforceable restrictive covenants affecting residential homes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-04-04 - Left pending in committee [HB3038 Detail]
Download: Texas-2011-HB3038-Introduced.html
| By: Chisum | H.B. No. 3038 | |
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| relating to unenforceable restrictive covenants affecting | ||
| residential homes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 202, Property Code, is amended by adding | ||
| Sections 202.020, 202.021, and 202.022 to read as follows: | ||
| Sec. 202.020. FLAG DISPLAY. (a) A property owners' | ||
| association may not, except as provided in this section, adopt or | ||
| enforce a dedicatory instrument provision that prohibits, | ||
| restricts, or has the effect of prohibiting or restricting a | ||
| property owner from the display of: | ||
| (1) the flag of the United States of America; | ||
| (2) the flag of the State of Texas; | ||
| (3) an official or replica flag of the United States | ||
| Army, Navy, Air Force, Marine Corps, Coast Guard, or other United | ||
| States armed forces branch. | ||
| (b) A property owners' association may adopt or enforce | ||
| reasonable dedicatory instrument provisions: | ||
| (1) that require: | ||
| (A) the flag of the United States be displayed in | ||
| accordance with the federal flag code, 4 U.S.C. Sections 5-10, or | ||
| successor laws; | ||
| (B) a flagpole attached to a dwelling or a | ||
| freestanding flagpole be constructed of permanent, long-lasting | ||
| materials, with a finish appropriate to the materials used in the | ||
| construction of the flagpole and harmonious with the dwelling; | ||
| (C) the display of a flag, or the location and | ||
| construction of the supporting flagpole, to comply with applicable | ||
| zoning ordinances, easements, and setbacks of record; | ||
| (D) a displayed flag and the flagpole on which it | ||
| is flown be maintained in good condition and that any deteriorated | ||
| flag or deteriorated or structurally unsafe flagpole be repaired, | ||
| replaced, or removed; | ||
| (2) that regulate the location of the flagpole on | ||
| which a flag is displayed, but no such regulation may prevent the | ||
| flag from being seen or a flagpole from being installed or erected; | ||
| (3) that govern the size of a displayed flag; | ||
| (4) that regulate the size, location, and intensity of | ||
| any lights used to illuminate a displayed flag. | ||
| (c) In this section, "owner" has the meaning assigned by | ||
| Section 201.003 and includes a relative or tenant of an owner. | ||
| Sec. 202.021. RADIO APPARATUS. (a) A property owners' | ||
| association may not, except as provided in this section, adopt or | ||
| enforce a dedicatory instrument provision that prohibits, | ||
| restricts, or has the effect of prohibiting or restricting a | ||
| property owner from owning, operating, installing, or maintaining | ||
| any radio apparatus operated pursuant to federal authorization or | ||
| with the consent of the holder of a federal license. | ||
| (b) In this section, "apparatus" means any item, equipment, | ||
| component, element, or structure used or usable for carrying on | ||
| radiocommunications or facilitating the carrying on of | ||
| radiocommunications. | ||
| (c) A property owners' association may adopt or enforce | ||
| reasonable dedicatory instrument provisions requiring radio | ||
| apparatus located exterior to a structure: | ||
| (1) be constructed and installed in compliance with | ||
| applicable zoning ordinances, easements, setbacks of record, and | ||
| national or governmental building codes; | ||
| (2) be constructed of permanent, long-lasting | ||
| materials, with a finish appropriate to the materials used in the | ||
| construction of the apparatus; | ||
| (3) be maintained in good condition and that any | ||
| deteriorated or structurally unsafe apparatus be repaired, | ||
| replaced, or removed; | ||
| (4) other than radio apparatus made of wire, not | ||
| extend closer than the front setback line from any street on which | ||
| the dwelling on the lot faces; | ||
| (5) be removed if the property on which it is located | ||
| is sold to a person who does not have federal authorization to | ||
| operate the radio apparatus installed on the property. | ||
| (d) In this section, "owner" has the meaning assigned by | ||
| Section 201.003 and includes a relative or tenant of an owner. | ||
| Sec. 202.022. STANDBY ELECTRIC GENERATORS. (a) A property | ||
| owners' association may not, except as provided in this section, | ||
| adopt or enforce a dedicatory instrument provision that prohibits, | ||
| restricts, or has the effect of prohibiting or restricting a | ||
| property owner from owning, operating, installing, or maintaining a | ||
| permanently installed standby electric generator. | ||
| (b) In this section, "standby electric generator" means a | ||
| device that converts mechanical energy to electrical energy and: | ||
| (1) is powered by natural gas, liquefied petroleum | ||
| gas, diesel fuel, biodiesel fuel, or hydrogen; | ||
| (2) is fully enclosed in an integral manufacturer- | ||
| supplied sound attenuating enclosure; | ||
| (3) is connected to the main electrical panel of a | ||
| residence by a manual or automatic transfer switch; and | ||
| (4) is rated for a generating capacity of not less than | ||
| seven kilowatts. | ||
| (c) A property owners' association may adopt or enforce | ||
| reasonable dedicatory instrument provisions: | ||
| (1) that require: | ||
| (A) a standby electric generator to be installed | ||
| and maintained in compliance with the manufacturer's | ||
| specifications; | ||
| (B) a standby electric generator be installed and | ||
| maintained in compliance with applicable health, safety, | ||
| electrical codes, and building codes; | ||
| (C) all electrical, plumbing, and fuel line | ||
| connections be installed only by licensed contractors; | ||
| (D) all electrical and fuel line connections be | ||
| installed underground; | ||
| (E) nonintegral standby electric generator fuel | ||
| tanks be installed and maintained to comply with applicable zoning | ||
| ordinances, health, safety, electrical, and building codes; | ||
| (F) the standby electric generator, its | ||
| electrical lines, and its fuel lines be maintained in good | ||
| condition and that any deteriorated or unsafe components be | ||
| repaired, replaced, or removed; | ||
| (2) that set reasonable times for the periodic testing | ||
| of a standby electric generator; | ||
| (3) that prohibit the use of the standby electric | ||
| generator to generate all or substantially all of the electrical | ||
| power to a residence except when utility-generated electrical power | ||
| is not available or is intermittent; | ||
| (4) that regulate the location and exterior appearance | ||
| of the standby electric generator. | ||
| (d) A property owners' association dedicatory instrument | ||
| provision regulating the location of a standby electrical generator | ||
| that increases the cost of installing the standby electric | ||
| generator by more than 10 percent or the cost of installing and | ||
| connecting the electrical and fuel lines by more than 20 percent is | ||
| void and unenforceable. | ||
| (e) In this section, "owner" has the meaning assigned by | ||
| Section 201.003 and includes a relative or tenant of an owner. | ||
| SECTION 2. Sections 202.020, 202.021, and 202.022, Property | ||
| Code, as added by this Act, apply 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, 2 | ||
