82R13292 NC-F
By: Workman H.B. No. 2885
A BILL TO BE ENTITLED
AN ACT
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 202.010 to read as follows:
Sec. 202.010. 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.
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) The municipality or county 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, 2011.