88R3120 KBB-D
By: Goodwin H.B. No. 330
A BILL TO BE ENTITLED
AN ACT
relating to regulation of residential wind power facilities by
property owners' associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding
Section 202.024 to read as follows:
Sec. 202.024. REGULATION OF RESIDENTIAL WIND POWER
FACILITIES. (a) In this section:
(1) "Development period" and "residential unit" have
the meanings assigned by Section 202.010.
(2) "Wind power facility" has the meaning assigned by
Section 301.0001, Utilities Code.
(b) Except as otherwise provided by Subsection (d), a
property owners' association may not include or enforce a provision
in a dedicatory instrument that prohibits or restricts a property
owner from installing a wind power facility of an appropriate
residential scale.
(c) A provision that violates Subsection (b) is void.
(d) A property owners' association may include or enforce a
provision in a dedicatory instrument that prohibits a wind power
facility that:
(1) as adjudicated by a court:
(A) threatens the public health or safety; or
(B) violates a law;
(2) is located on property owned or maintained by the
property owners' association;
(3) is located on property owned in common by the
members of the property owners' association;
(4) is located in an area on the property owner's
property other than an area designated by the property owners'
association, unless the alternate location increases the estimated
annual energy production of the facility, as determined by using a
publicly available modeling tool provided by the National Renewable
Energy Laboratory, by more than 10 percent above the energy
production of the facility if located in an area designated by the
property owners' association;
(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.
(e) A property owners' association or the association's
architectural review committee may not withhold approval for
installation of a wind power facility if the provisions of the
dedicatory instruments to the extent authorized by Subsection (d)
are met or exceeded, unless the association or committee, as
applicable, determines in writing that placement of the facility as
proposed by the property owner constitutes a condition that
substantially interferes with the use and enjoyment of land by
causing unreasonable discomfort or annoyance to persons of ordinary
sensibilities. For purposes of making a determination under this
subsection, the written approval of the proposed placement of the
facility by all property owners of adjoining property constitutes
prima facie evidence that such a condition does not exist.
(f) During the development period for a development with
fewer than 51 planned residential units, the declarant may prohibit
or restrict a property owner from installing a wind power facility.
SECTION 2. This Act takes effect September 1, 2023.