By: Oliveira H.B. No. 2524
A BILL TO BE ENTITLED
AN ACT
relating to unenforceable restrictive covenants regarding standby
electric generators affecting residential homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding
Section 202.019, to read as follows:
STANDBY ELECTRIC GENERATORS.
Sec. 202.019. STANDBY ELECTRIC GENERATORS. (a) In this
section "standby electric generator" means a device that converts
mechanical energy to electrical energy and is:
(1) Powered by natural gas, liquefied petroleum gas,
diesel fuel, bio-diesel fuel or hydrogen;
(2) Fully enclosed in an integral manufacturer
supplied sound attenuating enclosure;
(3) Connected to the main electrical panel of a
residence by a manual or automatic transfer switch; and,
(4) Rated for a generating capacity of not less than
seven kilowatts.
(b) Except as provided by this section, a property owners'
association may not adopt or enforce a dedicatory instrument
provision that prohibits, restricts, or has the effect of
prohibiting or restricting an owner from owning, operating,
installing or maintaining a permanently installed standby electric
generator.
(c) A property owners' association may adopt or enforce any
of the following dedicatory instrument provisions to regulate the
operation and installation of standby electric generators:
(1) Require a standby electric generator to be
installed and maintained in compliance:
(A) with the manufacturer's specifications;
(B) applicable governmental health, safety,
electrical codes and building codes;
(2) Require all electrical, plumbing and fuel line
connections be installed only by licensed contractors;
(3) Require all electrical and fuel line connections
be installed underground;
(4) Require non-integral standby electric generator
fuel tanks be installed and maintained to comply with applicable
municipal zoning ordinances and governmental health, safety,
electrical and building codes;
(5) Require the standby electric generator, its
electrical lines and its fuel lines, to be maintained in good
condition;
(6) Require the repair, replacement or removal of any
deteriorated or unsafe components of a standby electric generator,
including electrical or fuel lines;
(7) Require an owner to screen a standby electric
generator, if the standby electric generator is visible from the
street faced by the dwelling;
(8) Set reasonable times, consistent with
manufacturers' recommendations, for the periodic testing of a
standby electric generator;
(9) Prohibit the use of a standby electric generator
to generate all or substantially all of the electrical power to a
residence, except when utility generated electrical power to the
residence is not available or is intermittent due to causes other
than non-payment for utility service to the residence;
(10) Regulate the location of the standby electric
generator;
(11) Prohibit a property owner from locating a standby
electric generator on property:
(A) owned or maintained by the property owners'
association;
(B) owned in common by the property owner
association members;
(d) The foregoing dedicatory instrument provisions, if
adopted, must be reasonably applied and enforced;
(e) A dedicatory instrument provision that regulates the
location of a standby electrical generator is unenforceable if:
(1) it increases the cost of installing the standby
electric generator by more than ten percent; or,
(2) increases the cost of installing and connecting
the electrical and fuel lines for the standby electric generator by
more than twenty percent.
(f) If a dedicatory instrument requires that the
installation of a standby electric generator be approved prior to
installation, approval may not be withheld if the proposed
installation meets or exceeds the dedicatory instrument provisions
permitted by Subsection (c).
(g) In a hearing, action or proceeding to determine whether
a proposed or installed standby electric generator complies with
the requirements of the dedicatory instrument provisions permitted
by Subsection (c), the party asserting non-compliance bears the
burden of proof.
SECTION 2. Section 202.019, Property Code, as added by this
Act, applies to a dedicatory instrument adopted before, on, or
after the effective date of this Act.
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, 2013.