Texas 2011 - 82nd Regular

Texas Senate Bill SB302

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

Caption

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

Impact

The introduction of SB302 is expected to significantly impact the way homeowners associations operate concerning renewable energy devices. By preventing such associations from enforcing prohibitions on solar installations, the bill promotes individual property rights and aligns with broader state goals of increasing renewable energy usage. The measure aims to clarify that any prohibitive clauses enforced by property associations are void unless they meet specific legal criteria, such as concerns for public health or safety.

Summary

Senate Bill 302 (SB302) seeks to regulate the powers of property owners' associations regarding the installation of solar energy devices by homeowners in Texas. The bill stipulates that associations cannot enforce any provisions that prohibit or restrict a property owner from installing solar energy devices. This legislation is designed to encourage the adoption of renewable energy sources by ensuring that property owners can freely install solar technologies without facing undue restrictions from their associations.

Sentiment

The sentiment surrounding SB302 appears to be generally positive among advocates of renewable energy and property rights. Supporters argue that this bill will facilitate the greater adoption of solar technologies, which are essential for achieving environmental sustainability. However, there may be concerns from some property owners' associations about loss of control over community aesthetics and property standards, suggesting a division in opinion on the bill's implications for community governance.

Contention

Notable points of contention include the balance between property rights and the authority of homeowners associations. While the bill aims to empower individual homeowners to embrace solar energy, it raises questions about the control that associations should exercise in maintaining community standards. Additionally, the bill includes exceptions that allow associations to prohibit installations that threaten public health or safety or violate existing laws, which could lead to disputes over what constitutes a valid restriction.

Companion Bills

TX HB450

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

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