Texas House Bill HB2885

Texas 2011 - 82nd Regular

• Refer: 3/17/11

Caption

Relating to the regulation of liquid propane gas tanks on residential property.

Impact

The proposed law would significantly shift the regulatory landscape concerning residential energy solutions in Texas. By limiting the authority of homeowners' associations and local governments, the bill positions property owners in a more favorable light regarding their energy needs. This change is anticipated to encourage homeowners to invest in propane tanks, potentially leading to increased adoption of propane as a clean energy source. However, this may also lead to discussions around safety regulations and municipal oversight, as local authorities typically manage zoning and safety concerns in residential areas.

Summary

House Bill 2885 proposes amendments to Texas property and local government laws regarding the installation of liquid propane gas tanks on residential properties. The bill explicitly prohibits homeowners' associations from enacting rules that restrict property owners from installing above-ground propane tanks, provided that the tank size is suitable for the specific gas requirements of the home. Additionally, local municipalities and counties are similarly barred from enforcing ordinances that would limit the property owner's ability to install such tanks. The legislation aims to enhance property rights and ensure that homeowners have the freedom to utilize propane gas as a source of energy without excessive restrictions from governing bodies.

Sentiment

Sentiment surrounding HB 2885 appears to be mixed. Proponents of the bill, including some property rights advocates, view it as a victory for individual freedom and autonomy, emphasizing the need for homeowners to have control over their property without undue interference. Conversely, critics argue that the removal of local regulations could pose safety risks and undermine community standards, highlighting concerns that the legislation may lead to a variety of unsightly and potentially hazardous installations in residential neighborhoods.

Contention

Notable points of contention revolve around the implications for local governance and community aesthetics. Opponents of the bill emphasize that while the intent might be to protect homeowner rights, the lack of local control could result in inconsistent and potentially unsafe practices regarding propane installations. Additionally, there is anxiety regarding the balance between individual freedoms and community standards, as homeowners' associations often serve to maintain property values and overall neighborhood appeal. As the bill moves forward, stakeholders will likely continue to debate the merits and drawbacks of these regulatory changes.