H.B. No. 939
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:
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, biodiesel 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) a dedicatory instrument provision that requires a
standby electric generator to be installed and maintained in
compliance with:
(A) the manufacturer's specifications; and
(B) applicable governmental health, safety,
electrical, and building codes;
(2) a dedicatory instrument provision that requires
all electrical, plumbing, and fuel line connections to be installed
only by licensed contractors;
(3) a dedicatory instrument provision that requires
all electrical connections to be installed in accordance with
applicable governmental health, safety, electrical, and building
codes;
(4) a dedicatory instrument provision that requires
all natural gas, diesel fuel, biodiesel fuel, or hydrogen fuel line
connections to be installed in accordance with applicable
governmental health, safety, electrical, and building codes;
(5) a dedicatory instrument provision that requires
all liquefied petroleum gas fuel line connections to be installed
in accordance with rules and standards promulgated and adopted by
the Railroad Commission of Texas and other applicable governmental
health, safety, electrical, and building codes;
(6) a dedicatory instrument provision that requires
nonintegral standby electric generator fuel tanks to be installed
and maintained to comply with applicable municipal zoning
ordinances and governmental health, safety, electrical, and
building codes;
(7) a dedicatory instrument provision that requires
the standby electric generator and its electrical lines and fuel
lines to be maintained in good condition;
(8) a dedicatory instrument provision that requires
the repair, replacement, or removal of any deteriorated or unsafe
component of a standby electric generator, including electrical or
fuel lines;
(9) a dedicatory instrument provision that requires an
owner to screen a standby electric generator if the standby
electric generator is:
(A) visible from the street faced by the
dwelling;
(B) located in an unfenced side or rear yard of a
residence and is visible either from an adjoining residence or from
adjoining property owned by the property owners' association; or
(C) located in a side or rear yard fenced by a
wrought iron or residential aluminum fence and is visible through
the fence either from an adjoining residence or from adjoining
property owned by the property owners' association;
(10) a dedicatory instrument provision that sets
reasonable times, consistent with the manufacturer's
recommendations, for the periodic testing of a standby electric
generator;
(11) a dedicatory instrument provision that prohibits
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 nonpayment
for utility service to the residence;
(12) a dedicatory instrument provision that regulates
the location of the standby electric generator; or
(13) a dedicatory instrument provision that prohibits
an owner from locating a standby electric generator on property:
(A) owned or maintained by the property owners'
association; or
(B) owned in common by the property owners'
association members.
(d) A dedicatory instrument provision permitted by
Subsection (c), if adopted, must be reasonably applied and
enforced.
(e) A dedicatory instrument provision that regulates the
location of a standby electric generator is unenforceable if:
(1) it increases the cost of installing the standby
electric generator by more than 10 percent; or
(2) it increases the cost of installing and connecting
the electrical and fuel lines for the standby electric generator by
more than 20 percent.
(f) If a dedicatory instrument requires that the
installation of a standby electric generator be approved before
installation, approval may not be withheld if the proposed
installation meets or exceeds the dedicatory instrument provisions
permitted by Subsection (c).
(g) If a dedicatory instrument provision requires an owner
to submit an application for approval of improvements located
exterior to a residence, this section does not negate the
requirement, but the information required to be submitted as part
of the application for the installation of a standby electric
generator may not be greater or more detailed than the application
for any other improvement.
(h) In a hearing, action, or proceeding to determine whether
a proposed or installed standby electric generator complies with
the requirements of a dedicatory instrument provision permitted by
Subsection (c), the party asserting noncompliance 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 939 was passed by the House on May 8,
2015, by the following vote: Yeas 139, Nays 2, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 939 on May 27, 2015, by the following vote: Yeas 140, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 939 was passed by the Senate, with
amendments, on May 25, 2015, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor