Bill Text: TX HB362 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the regulation by a property owners' association of the installation of solar energy devices and certain roofing materials on property.

Sponsorship: Slight Partisan Bill (Republican 6-2)

Status: (Passed) 2011-06-17 - Effective immediately [HB362 Detail]

Download: Texas-2011-HB362-Enrolled.html

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H.B. No. 362

AN ACT
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