Texas 2011 - 82nd Regular

Texas House Bill HB450

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 enactment of HB 450 is likely to have a significant impact on property laws governing community associations in Texas. By disallowing outright prohibitions on solar energy devices, the bill facilitates greater access to renewable energy sources for homeowners, potentially increasing the adoption rate of solar technology across the state. However, the bill does include exceptions, allowing for restrictions if a solar device poses a threat to public health or safety, or if it violates other laws. This balance acknowledges the need for both renewable energy advancement and community safety regulations.

Summary

House Bill 450 seeks to amend Chapter 202 of the Property Code by adding provisions that govern the restrictions property owners' associations can place on the installation of solar energy devices. Specifically, this bill prohibits associations from enforcing provisions that would prevent property owners from installing solar energy devices, thereby promoting the use of renewable energy. This legislative action comes in response to growing demand for solar energy solutions and aims to provide clearer regulatory guidelines for property owners wishing to adopt solar technology in their residences.

Sentiment

The sentiment surrounding HB 450 appears to be generally positive among renewable energy advocates and property owners looking to install solar devices. Proponents argue that the bill reflects a commitment to sustainable energy solutions and a response to public demand for cleaner energy options. Nonetheless, there may be concerns from some homeowners' associations about losing control over aesthetic aspects of properties and neighborhood standards, which could result in mixed reactions within those communities as they navigate these new regulations.

Contention

Notable points of contention likely arise from the balance of control between property owners and associations. While the bill provides impetus for increased solar energy use, which aligns with broader environmental goals, it challenges the authority of property owners' associations to regulate their neighborhoods. This has stirred debates about the extent to which local governing bodies should manage property aesthetics versus empowering residents to make choices that contribute to energy sustainability. Furthermore, existing provisions to maintain certain restrictions may lead to disputes over definitions of public safety and legal compliance.

Companion Bills

TX SB238

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

TX SB302

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

TX SB447

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

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