Bill Text: TX HB450 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the regulation of solar energy devices by a property owners' association.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-03-14 - Left pending in committee [HB450 Detail]
Download: Texas-2011-HB450-Introduced.html
82R620 VOO-D | ||
By: Lucio III | H.B. No. 450 |
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relating to the regulation of solar energy devices by a property | ||
owners' association. | ||
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 this section, 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) This section does not prohibit the inclusion or | ||
enforcement of 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 | ||
(B) in a fenced yard or patio maintained by the | ||
property owner; or | ||
(5) is mounted on a device that is taller or more | ||
visually obtrusive than is necessary for the solar energy device to | ||
operate at not less than 90 percent of its rated efficiency. | ||
SECTION 2. Section 202.010, Property Code, as added by this | ||
Act, applies to a provision in a dedicatory instrument without | ||
regard to whether the provision or 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. |