BILL ANALYSIS H.B. 431 By: Cortez Trade, Workforce & Economic Development Committee Report (Unamended) BACKGROUND AND PURPOSE Solar roof tiles are miniature solar panels that resemble roof shingles and comprise an entire roof, unlike regular solar panels, which are placed on top of existing shingles. The bill author has informed the committee that a constituent has been prevented from installing solar roof tiles by the constituent's property owners' association (POA). In 2011, the Texas Legislature passed H.B. 362, which prohibited POAs from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device, but the technology for solar roof tiles did not yet exist, and so those tiles are not expressly recognized as solar energy devices in the current applicable law. H.B. 431 seeks to update Property Code provisions to clarify that the term "solar energy device" includes a solar roof tile for purposes of POA regulations. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 431 amends the Property Code to clarify that the term "solar energy device" includes a solar roof tile for purposes of the regulation of solar energy devices by a property owners' association. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 431
By: Cortez
Trade, Workforce & Economic Development
Committee Report (Unamended)
H.B. 431
By: Cortez
Trade, Workforce & Economic Development
Committee Report (Unamended)
BACKGROUND AND PURPOSE Solar roof tiles are miniature solar panels that resemble roof shingles and comprise an entire roof, unlike regular solar panels, which are placed on top of existing shingles. The bill author has informed the committee that a constituent has been prevented from installing solar roof tiles by the constituent's property owners' association (POA). In 2011, the Texas Legislature passed H.B. 362, which prohibited POAs from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device, but the technology for solar roof tiles did not yet exist, and so those tiles are not expressly recognized as solar energy devices in the current applicable law. H.B. 431 seeks to update Property Code provisions to clarify that the term "solar energy device" includes a solar roof tile for purposes of POA regulations.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 431 amends the Property Code to clarify that the term "solar energy device" includes a solar roof tile for purposes of the regulation of solar energy devices by a property owners' association.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BACKGROUND AND PURPOSE
Solar roof tiles are miniature solar panels that resemble roof shingles and comprise an entire roof, unlike regular solar panels, which are placed on top of existing shingles. The bill author has informed the committee that a constituent has been prevented from installing solar roof tiles by the constituent's property owners' association (POA). In 2011, the Texas Legislature passed H.B. 362, which prohibited POAs from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device, but the technology for solar roof tiles did not yet exist, and so those tiles are not expressly recognized as solar energy devices in the current applicable law. H.B. 431 seeks to update Property Code provisions to clarify that the term "solar energy device" includes a solar roof tile for purposes of POA regulations.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 431 amends the Property Code to clarify that the term "solar energy device" includes a solar roof tile for purposes of the regulation of solar energy devices by a property owners' association.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.