83R5192 PMO-F
By: Birdwell S.B. No. 440
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 202.020 to read as follows:
Sec. 202.020. STANDBY ELECTRIC GENERATORS. (a) In this
section:
(1) "Owner" has the meaning assigned by Section
201.003 and includes a relative or tenant of an owner.
(2) "Standby electric generator" means a device that
converts mechanical energy to electrical energy and is:
(A) powered by natural gas, liquefied petroleum
gas, diesel fuel, biodiesel fuel, or hydrogen;
(B) fully enclosed in an integral
manufacturer-supplied sound attenuating enclosure;
(C) connected to the main electrical panel of a
residence by a manual or automatic transfer switch; and
(D) 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 or restricts, or has the effect of
prohibiting or restricting, an owner from owning, installing,
operating, or maintaining a permanently installed standby electric
generator on the owner's property.
(c) A property owners' association may adopt or enforce a
reasonable dedicatory instrument provision that:
(1) requires a standby electric generator to be
installed and maintained in a manner that complies with:
(A) the manufacturer's specifications; and
(B) applicable health, safety, electrical, and
building codes;
(2) requires all electrical, plumbing, and fuel line
connections to be installed only by an appropriately licensed
contractor;
(3) requires all electrical and fuel line connections
to be installed underground;
(4) requires nonintegral standby electric generator
fuel tanks to be installed and maintained in a manner that complies
with applicable zoning ordinances and health, safety, electrical,
and building codes;
(5) requires the standby electric generator and its
electrical or fuel lines to be maintained in good condition;
(6) requires the repair, replacement, or removal of
any component of the standby electric generator, including
electrical or fuel lines, if the component has deteriorated or is
unsafe;
(7) sets reasonable times, consistent with the
manufacturer's recommendations, for periodic testing of a standby
electric generator;
(8) prohibits the use of a standby electric generator
to generate all or substantially all of the electrical power for a
residence, except in the event that utility-generated electrical
power is not available or only intermittently available for a cause
other than nonpayment for utility services;
(9) regulates the location of the standby electric
generator;
(10) requires the screening of a standby electric
generator that is visible from any public street on which the
residence on the lot faces; or
(11) prohibits an owner from locating a standby
electric generator on property owned or maintained by the property
owners' association or owned in common by the members of the
property owners' association.
(d) If prior approval of the installation of a standby
electric generator is required by the dedicatory instrument,
approval may not be withheld for a proposed installation that meets
or exceeds the provisions described by Subsection (c).
(e) In a hearing, action, or proceeding challenging the
installation or proposed installation of a standby electric
generator, the party alleging a violation of a provision described
by Subsection (c) bears the burden of proof of the violation.
(f) A property owners' association dedicatory instrument
provision regulating the location of a standby electric generator
is void if enforcement of the provision would:
(1) increase the cost of installing the standby
electric generator by more than 10 percent; or
(2) increase the cost of installing and connecting the
electrical and fuel lines by more than 20 percent.
SECTION 2. Section 202.020, Property Code, as added by this
Act, applies to a dedicatory instrument provision adopted by a
property owners' association 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.