| 1 | 1 | | By: West, Wentworth S.B. No. 238 |
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| 2 | 2 | | (Solomons) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation by a property owners' association of the |
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| 8 | 8 | | installation of solar energy devices on property. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 11 | 11 | | Section 202.010 to read as follows: |
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| 12 | 12 | | Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES. (a) In |
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| 13 | 13 | | this section, "solar energy device" has the meaning assigned by |
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| 14 | 14 | | Section 171.107, Tax Code. |
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| 15 | 15 | | (b) Except as otherwise provided by Subsection (d), a |
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| 16 | 16 | | property owners' association may not include or enforce a provision |
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| 17 | 17 | | in a dedicatory instrument that prohibits or restricts a property |
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| 18 | 18 | | owner from installing a solar energy device. |
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| 19 | 19 | | (c) A provision that violates Subsection (b) is void. |
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| 20 | 20 | | (d) A property owners' association may include or enforce a |
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| 21 | 21 | | provision in a dedicatory instrument that prohibits a solar energy |
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| 22 | 22 | | device that: |
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| 23 | 23 | | (1) as adjudicated by a court: |
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| 24 | 24 | | (A) threatens the public health or safety; or |
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| 25 | 25 | | (B) violates a law; |
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| 26 | 26 | | (2) is located on property owned or maintained by the |
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| 27 | 27 | | property owners' association; |
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| 28 | 28 | | (3) is located on property owned in common by the |
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| 29 | 29 | | members of the property owners' association; |
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| 30 | 30 | | (4) is located in an area on the property owner's |
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| 31 | 31 | | property other than: |
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| 32 | 32 | | (A) on the roof of the home or of another |
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| 33 | 33 | | structure allowed under a dedicatory instrument; or |
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| 34 | 34 | | (B) in a fenced yard or patio owned and |
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| 35 | 35 | | maintained by the property owner; |
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| 36 | 36 | | (5) if mounted on the roof of the home: |
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| 37 | 37 | | (A) extends higher than or beyond the roofline; |
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| 38 | 38 | | (B) is located in an area other than an area |
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| 39 | 39 | | designated by the property owners' association, unless the |
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| 40 | 40 | | alternate location increases the estimated annual energy |
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| 41 | 41 | | production of the device, as determined by using a publicly |
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| 42 | 42 | | available modeling tool provided by the National Renewable Energy |
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| 43 | 43 | | Laboratory, by more than 10 percent above the energy production of |
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| 44 | 44 | | the device if located in an area designated by the property owners' |
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| 45 | 45 | | association; |
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| 46 | 46 | | (C) does not conform to the slope of the roof and |
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| 47 | 47 | | has a top edge that is not parallel to the roofline; or |
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| 48 | 48 | | (D) has a frame, a support bracket, or visible |
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| 49 | 49 | | piping or wiring that is not in a silver, bronze, or black tone |
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| 50 | 50 | | commonly available in the marketplace; |
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| 51 | 51 | | (6) if located in a fenced yard or patio, is taller |
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| 52 | 52 | | than the fence line; |
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| 53 | 53 | | (7) as installed, voids material warranties; or |
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| 54 | 54 | | (8) was installed without prior approval by the |
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| 55 | 55 | | property owners' association or by a committee created in a |
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| 56 | 56 | | dedicatory instrument for such purposes that provides decisions |
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| 57 | 57 | | within a reasonable period or within a period specified in the |
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| 58 | 58 | | dedicatory instrument. |
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| 59 | 59 | | (e) A property owners' association or the association's |
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| 60 | 60 | | architectural review committee may not withhold approval for |
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| 61 | 61 | | installation of a solar energy device if the provisions of the |
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| 62 | 62 | | dedicatory instruments to the extent authorized by Subsection (d) |
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| 63 | 63 | | are met or exceeded, unless the association or committee, as |
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| 64 | 64 | | applicable, determines in writing that placement of the device as |
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| 65 | 65 | | proposed by the property owner constitutes a condition that |
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| 66 | 66 | | substantially interferes with the use and enjoyment of land by |
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| 67 | 67 | | causing unreasonable discomfort or annoyance to persons of ordinary |
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| 68 | 68 | | sensibilities. |
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| 69 | 69 | | SECTION 2. Section 202.010, Property Code, as added by this |
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| 70 | 70 | | Act, applies to a dedicatory instrument without regard to whether |
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| 71 | 71 | | the dedicatory instrument takes effect or is renewed before, on, or |
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| 72 | 72 | | after the effective date of this Act. |
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| 73 | 73 | | SECTION 3. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2011. |
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