Texas 2013 - 83rd Regular

Texas House Bill HB2524 Compare Versions

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Old	New	Differences
1	1	83R21139 T
2	2	By: Oliveira H.B. No. 2524
3	3	Substitute the following for H.B. No. 2524:
4	4	By: Orr C.S.H.B. No. 2524
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to unenforceable restrictive covenants regarding standby
10	10	electric generators affecting residential homes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 202, Property Code, is amended by adding
13	13	Section 202.019, to read as follows:
14	14	Sec. 202.019. STANDBY ELECTRIC GENERATORS. (a) In this
15	15	section, "standby electric generator" means a device that converts
16	16	mechanical energy to electrical energy and is:
17	17	(1) powered by natural gas, liquefied petroleum gas,
18	18	diesel fuel, biodiesel fuel or hydrogen;
19	19	(2) fully enclosed in an integral
20	20	manufacturer-supplied sound attenuating enclosure;
21	21	(3) connected to the main electrical panel of a
22	22	residence by a manual or automatic transfer switch; and
23	23	(4) rated for a generating capacity of not less than
24	24	seven kilowatts.
25	25	(b) Except as provided by this section, a property owners'
26	26	association may not adopt or enforce a dedicatory instrument
27	27	provision that prohibits, restricts, or has the effect of
28	28	prohibiting or restricting an owner from owning, operating,
29	29	installing or maintaining a permanently installed standby electric
30	30	generator.
31	31	(c) A property owners' association may adopt or enforce any
32	32	of the following dedicatory instrument provisions to regulate the
33	33	operation and installation of standby electric generators:
34	34	(1) require a standby electric generator to be
35	35	installed and maintained in compliance with:
36	36	(A) the manufacturer's specifications; and
37	37	(B) applicable governmental health, safety,
38	38	electrical codes and building codes;
39	39	(2) require all electrical, plumbing and fuel line
40	40	connections to be installed only by licensed contractors;
41	41	(3) require all electrical and fuel line connections
42	42	to be installed underground;
43	43	(4) require non-integral standby electric generator
44	44	fuel tanks to be installed and maintained to comply with applicable
45	45	municipal zoning ordinances and governmental health, safety,
46	46	electrical and building codes;
47	47	(5) require the standby electric generator, its
48	48	electrical lines and its fuel lines, to be maintained in good
49	49	condition;
50	50	(6) require the repair, replacement or removal of any
51	51	deteriorated or unsafe component of a standby electric generator,
52	52	including electrical or fuel lines;
53	53	(7) require an owner to screen a standby electric
54	54	generator if the standby electric generator is:
55	55	(A) visible from the street faced by the
56	56	dwelling;
57	57	(B) located in an unfenced side or rear yard of a
58	58	residence and is visible either from an adjoining residence or from
59	59	adjoining property owned by the property owners' association; or
60	60	(C) located in an side or rear yard fenced by a
61	61	wrought iron or residential aluminum fence and is visible through
62	62	the fence either from an adjoining residence or from adjoining
63	63	property owned by the property owners' association;
64	64	(8) set reasonable times, consistent with the
65	65	manufacturer's recommendations, for the periodic testing of a
66	66	standby electric generator;
67	67	(9) prohibit the use of a standby electric generator
68	68	to generate all or substantially all of the electrical power to a
69	69	residence, except when utility generated electrical power to the
70	70	residence is not available or is intermittent due to causes other
71	71	than non-payment for utility service to the residence;
72	72	(10) regulate the location of the standby electric
73	73	generator;
74	74	(11) prohibit an owner from locating a standby
75	75	electric generator on property:
76	76	(A) owned or maintained by the property owners'
77	77	association; or
78	78	(B) owned in common by the property owners'
79	79	association members.
80	80	(d) The foregoing dedicatory instrument provisions, if
81	81	adopted, must be reasonably applied and enforced.
82	82	(e) A dedicatory instrument provision that regulates the
83	83	location of a standby electric generator is unenforceable if:
84	84	(1) it increases the cost of installing the standby
85	85	electric generator by more than ten percent; or
86	86	(2) it increases the cost of installing and connecting
87	87	the electrical and fuel lines for the standby electric generator by
88	88	more than twenty percent.
89	89	(f) If a dedicatory instrument requires that the
90	90	installation of a standby electric generator be approved prior to
91	91	installation, approval may not be withheld if the proposed
92	92	installation meets or exceeds the dedicatory instrument provisions
93	93	permitted by Subsection (c).
94	94	(g) If a dedicatory instrument provision requires an owner
95	95	to submit an application for approval of improvements located
96	96	exterior to a residence, this Section does not negate the
97	97	requirement, but the information required to be submitted as part
98	98	of the application for the installation of a standby electric
99	99	generator may not be greater or more detailed than the application
100	100	for any other improvement.
101	101	(h) In a hearing, action or proceeding to determine whether
102	102	a proposed or installed standby electric generator complies with
103	103	the requirements of the dedicatory instrument provisions permitted
104	104	by Subsection (c), the party asserting non-compliance bears the
105	105	burden of proof.
106	106	(i) The installation of a standby electric generator by a
107	107	licensed contractor or the acceptance of the installation of a
108	108	standby electric generator, or any of its components, by a utility
109	109	provider, governmental subdivision or department of such a
110	110	governmental subdivision, is conclusive proof that a standby
111	111	electric generator was installed in compliance with this Section.
112	112	SECTION 2. Section 202.019, Property Code, as added by this
113	113	Act, applies to a dedicatory instrument adopted before, on, or
114	114	after the effective date of this Act.
115	115	SECTION 3. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2013.