84R14440 NC-D
By: Isaac H.B. No. 748
Substitute the following for H.B. No. 748:
By: Simmons C.S.H.B. No. 748
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of liquid propane gas tanks on
residential property.
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:
Sec. 202.019. REGULATION OF LIQUID PROPANE GAS TANKS. (a)
A property owners' association may not, except as provided by this
section, adopt or enforce a dedicatory instrument provision that
prohibits, restricts, or has the effect of prohibiting or
restricting a property owner from installing a liquid propane gas
tank above ground on the owner's residential property if the tank is
a size reasonably necessary to meet the gas requirements of the
residence.
(b) The property owners' association may require the owner
to screen the tank from view with reasonable screening materials.
(c) A property owners' association may adopt or enforce a
dedicatory instrument provision that prohibits or restricts the
installation of a liquid propane gas tank that:
(1) as adjudicated by a court:
(A) threatens the public health or safety; or
(B) violates a law;
(2) is located on property other than property owned
and maintained by the property owner;
(3) is located in an area on the property owner's
property other than a rear or side yard and is not:
(A) surrounded by a solid privacy fence approved
by the association; or
(B) otherwise screened in a manner approved by
the association;
(4) if located in a fenced yard or patio, is taller
than the fence line;
(5) as installed, voids material warranties; or
(6) was installed without prior approval by the
property owners' association or by a committee created in a
dedicatory instrument for such purposes that provides decisions
within a reasonable period or within a period specified in the
dedicatory instrument.
SECTION 2. Chapter 250, Local Government Code, is amended
by adding Section 250.007 to read as follows:
Sec. 250.007. REGULATION OF LIQUID PROPANE GAS TANKS ON
RESIDENTIAL PROPERTY. (a) A municipality or county may not, except
as provided by this section, enact or enforce an order or ordinance
that prohibits, restricts, or has the effect of prohibiting or
restricting a property owner from installing a liquid propane gas
tank above ground on the owner's residential property if the tank is
a size reasonably necessary to meet the gas requirements of the
residence.
(b) If the tank is located on residential property within
the corporate boundaries of the municipality, the municipality may
require the owner to screen the tank from view with reasonable
screening materials.
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, 2015.