Texas 2009 - 81st Regular

Texas Senate Bill SB1552

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

Caption

Relating to unenforceable restrictive covenants affecting residential homes.

Impact

In addition to flag displays, SB1552 extends to the regulation of solar energy systems, radio apparatus, and standby electric generators. Property owners are now afforded greater freedom to install these installations without undue restrictions imposed by their associations, provided that the installations meet specified safety and maintenance standards. This aspect of the bill is particularly significant as it encourages the adoption of renewable energy practices while ensuring compliance with zoning and health codes.

Summary

Senate Bill 1552 (SB1552) addresses the enforceability of certain restrictive covenants in residential properties, particularly regarding the powers of property owners' associations. The bill explicitly prohibits these associations from enacting or enforcing rules that would limit homeowners' rights to display the U.S. flag, the Texas state flag, or flags of the U.S. armed services. By reinforcing these rights, the bill aims to foster a sense of patriotism and ensure that residents can express their affiliations without hindrance from their respective associations.

Conclusion

Overall, Senate Bill 1552 signifies a legislative shift toward reinforcing individual property rights within Texas, specifically against the backdrop of association governance. By tackling the enforceability of restrictive covenants and promoting installations that are in line with modern energy practices, the bill reflects a growing recognition of both personal and community values in residential settings.

Contention

The discussion surrounding SB1552 has highlighted tensions between property owners and associations. Proponents advocate for the rights of homeowners to maintain their properties and installations as they see fit, while critics raise concerns about potential safety and aesthetic issues that may arise due to unrestricted installations. The bill is positioned as a protective measure for homeowners' rights, countering what some view as excessive control by property owners' associations over personal liberties.

Companion Bills

TX HB4637

Identical Relating to unenforceable restrictive covenants affecting residential homes.

Similar Bills

TX HB939

Relating to unenforceable restrictive covenants regarding standby electric generators affecting residential homes.

TX HB4637

Relating to unenforceable restrictive covenants affecting residential homes.

TX HB2524

Relating to unenforceable restrictive covenants regarding standby electric generators affecting residential homes.

TX SB1235

Relating to real property that is subject to restrictive covenants and the operation of property owners' associations of subdivisions that are subject to restrictive covenants.

TX HB362

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

TX SB237

Relating to certain procedures and requirements for the operation of property owners' associations.

TX HB3038

Relating to unenforceable restrictive covenants affecting residential homes.

TX SB142

Relating to real property that is subject to restrictive covenants, including the operation of property owners' associations of subdivisions that are subject to restrictive covenants, and to certain foreclosure actions.