Bill Text: TX HB748 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the regulation of liquid propane gas tanks on residential property.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB748 Detail]
Download: Texas-2015-HB748-Comm_Sub.html
| 84R14440 NC-D | |||
| By: Isaac | H.B. No. 748 | ||
| Substitute the following for H.B. No. 748: | |||
| By: Simmons | C.S.H.B. No. 748 | ||
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| relating to the regulation of liquid propane gas tanks on | ||
| residential property. | ||
| 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. REGULATION OF LIQUID PROPANE GAS TANKS. (a) | ||
| A property owners' association may not, except as provided by this | ||
| section, adopt or enforce a dedicatory instrument provision that | ||
| prohibits, restricts, or has the effect of prohibiting or | ||
| restricting a property owner from installing a liquid propane gas | ||
| tank above ground on the owner's residential property if the tank is | ||
| a size reasonably necessary to meet the gas requirements of the | ||
| residence. | ||
| (b) The property owners' association may require the owner | ||
| to screen the tank from view with reasonable screening materials. | ||
| (c) A property owners' association may adopt or enforce a | ||
| dedicatory instrument provision that prohibits or restricts the | ||
| installation of a liquid propane gas tank that: | ||
| (1) as adjudicated by a court: | ||
| (A) threatens the public health or safety; or | ||
| (B) violates a law; | ||
| (2) is located on property other than property owned | ||
| and maintained by the property owner; | ||
| (3) is located in an area on the property owner's | ||
| property other than a rear or side yard and is not: | ||
| (A) surrounded by a solid privacy fence approved | ||
| by the association; or | ||
| (B) otherwise screened in a manner approved by | ||
| the association; | ||
| (4) if located in a fenced yard or patio, is taller | ||
| than the fence line; | ||
| (5) as installed, voids material warranties; or | ||
| (6) 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. | ||
| SECTION 2. Chapter 250, Local Government Code, is amended | ||
| by adding Section 250.007 to read as follows: | ||
| Sec. 250.007. REGULATION OF LIQUID PROPANE GAS TANKS ON | ||
| RESIDENTIAL PROPERTY. (a) A municipality or county may not, except | ||
| as provided by this section, enact or enforce an order or ordinance | ||
| that prohibits, restricts, or has the effect of prohibiting or | ||
| restricting a property owner from installing a liquid propane gas | ||
| tank above ground on the owner's residential property if the tank is | ||
| a size reasonably necessary to meet the gas requirements of the | ||
| residence. | ||
| (b) If the tank is located on residential property within | ||
| the corporate boundaries of the municipality, the municipality may | ||
| require the owner to screen the tank from view with reasonable | ||
| screening materials. | ||
| 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, 2015. | ||
