Texas 2009 - 81st Regular

Texas House Bill HB798

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation of solar energy devices by a property owners' association.

Impact

The impact of HB798 is significant as it directly influences the authority and power of property owners' associations regarding the governance of installation of solar energy devices. By voiding any provisions in dedicatory instruments that would hinder the installation of solar devices, the bill empowers homeowners to pursue solar energy solutions without excessive interference from HOA regulations. The exceptions included in the bill allow for reasonable limitations aimed at protecting public health, safety, and property aesthetics, but they do not extend to outright bans of solar installations.

Summary

House Bill 798 aims to regulate the installation of solar energy devices by property owners, particularly focusing on the restrictions placed by property owners' associations (POAs). The bill amends Chapter 202 of the Texas Property Code to prevent POAs from enforcing regulations that would prohibit or restrict homeowners from installing solar energy devices. This legislation reflects a growing interest in promoting renewable energy solutions and seeks to eliminate barriers that homeowners may face in adopting solar technology.

Conclusion

In summary, HB798 represents a legislative effort to encourage the use of solar energy in Texas by curtailing the authority of property owners' associations. As the bill progresses, it will be crucial to monitor discussions among stakeholders—including homeowners, property associations, and environmental advocates—to understand the broader implications of such legislation on sustainable energy practices in the state.

Contention

Notable points of contention surrounding HB798 could arise from the balance between individual homeowner rights and the collective rules established by property owners' associations. While many homeowners advocate for the freedom to utilize solar energy, some POAs might argue that unrestricted solar installations could adversely affect property values or visual uniformity in neighborhoods. However, the bill attempts to address potential concerns by allowing for regulations that prioritize public safety and compliance with existing laws.

Companion Bills

TX HB25

Same As Relating to the regulation of solar energy devices by a property owners' association.

TX SB236

Similar Relating to the regulation of solar energy devices by a property owners' association.

TX SB403

Similar To Relating to the regulation of solar energy panels by a property owners' association.

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