Texas 2023 - 88th Regular

Texas House Bill HB330 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3120 KBB-D
2	2	By: Goodwin H.B. No. 330
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of residential wind power facilities by
8	8	property owners' associations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 202, Property Code, is amended by adding
11	11	Section 202.024 to read as follows:
12	12	Sec. 202.024. REGULATION OF RESIDENTIAL WIND POWER
13	13	FACILITIES. (a) In this section:
14	14	(1) "Development period" and "residential unit" have
15	15	the meanings assigned by Section 202.010.
16	16	(2) "Wind power facility" has the meaning assigned by
17	17	Section 301.0001, Utilities Code.
18	18	(b) Except as otherwise provided by Subsection (d), a
19	19	property owners' association may not include or enforce a provision
20	20	in a dedicatory instrument that prohibits or restricts a property
21	21	owner from installing a wind power facility of an appropriate
22	22	residential scale.
23	23	(c) A provision that violates Subsection (b) is void.
24	24	(d) A property owners' association may include or enforce a
25	25	provision in a dedicatory instrument that prohibits a wind power
26	26	facility that:
27	27	(1) as adjudicated by a court:
28	28	(A) threatens the public health or safety; or
29	29	(B) violates a law;
30	30	(2) is located on property owned or maintained by the
31	31	property owners' association;
32	32	(3) is located on property owned in common by the
33	33	members of the property owners' association;
34	34	(4) is located in an area on the property owner's
35	35	property other than an area designated by the property owners'
36	36	association, unless the alternate location increases the estimated
37	37	annual energy production of the facility, as determined by using a
38	38	publicly available modeling tool provided by the National Renewable
39	39	Energy Laboratory, by more than 10 percent above the energy
40	40	production of the facility if located in an area designated by the
41	41	property owners' association;
42	42	(5) as installed, voids material warranties; or
43	43	(6) was installed without prior approval by the
44	44	property owners' association or by a committee created in a
45	45	dedicatory instrument for such purposes that provides decisions
46	46	within a reasonable period or within a period specified in the
47	47	dedicatory instrument.
48	48	(e) A property owners' association or the association's
49	49	architectural review committee may not withhold approval for
50	50	installation of a wind power facility if the provisions of the
51	51	dedicatory instruments to the extent authorized by Subsection (d)
52	52	are met or exceeded, unless the association or committee, as
53	53	applicable, determines in writing that placement of the facility as
54	54	proposed by the property owner constitutes a condition that
55	55	substantially interferes with the use and enjoyment of land by
56	56	causing unreasonable discomfort or annoyance to persons of ordinary
57	57	sensibilities. For purposes of making a determination under this
58	58	subsection, the written approval of the proposed placement of the
59	59	facility by all property owners of adjoining property constitutes
60	60	prima facie evidence that such a condition does not exist.
61	61	(f) During the development period for a development with
62	62	fewer than 51 planned residential units, the declarant may prohibit
63	63	or restrict a property owner from installing a wind power facility.
64	64	SECTION 2. This Act takes effect September 1, 2023.