| 1 | 1 | | By: Leibowitz, Coleman, Lucio III, Veasey, H.B. No. 25 |
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| 2 | 2 | | Orr |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of solar energy devices by a property |
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| 8 | 8 | | owners' association. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 11 | 11 | | Section 202.008 to read as follows: |
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| 12 | 12 | | Sec. 202.008. REGULATION OF SOLAR ENERGY DEVICES. (a) In |
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| 13 | 13 | | this section, "solar energy device" has the meaning assigned by |
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| 14 | 14 | | Section 171.107, Tax Code. |
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| 15 | 15 | | (b) Except as otherwise provided by this section, a property |
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| 16 | 16 | | owners' association may not include or enforce a provision in a |
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| 17 | 17 | | dedicatory instrument that prohibits or restricts a property owner |
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| 18 | 18 | | from installing a solar energy device. |
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| 19 | 19 | | (c) A provision that violates Subsection (b) is void. |
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| 20 | 20 | | (d) This section does not prohibit the inclusion or |
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| 21 | 21 | | enforcement of a provision in a dedicatory instrument that |
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| 22 | 22 | | prohibits a solar energy device that: |
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| 23 | 23 | | (1) as adjudicated by a court: |
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| 24 | 24 | | (A) threatens the public health or safety; or |
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| 25 | 25 | | (B) violates a law; |
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| 26 | 26 | | (2) is located on property owned or maintained by the |
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| 27 | 27 | | property owners' association; |
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| 28 | 28 | | (3) is located on property owned in common by the |
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| 29 | 29 | | members of the property owners' association; or |
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| 30 | 30 | | (4) is located in an area on the property owner's |
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| 31 | 31 | | property other than: |
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| 32 | 32 | | (A) on the roof of the home; or |
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| 33 | 33 | | (B) in a fenced yard or patio maintained by the |
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| 34 | 34 | | property owner. |
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| 35 | 35 | | SECTION 2. Section 202.008, Property Code, as added by this |
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| 36 | 36 | | Act, applies to a dedicatory instrument without regard to whether |
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| 37 | 37 | | the dedicatory instrument takes effect or is renewed before, on, or |
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| 38 | 38 | | after the effective date of this Act. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2009. |
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