Amend CSSB 12 (House Committee Printing) by adding the following appropriately numbered SECTIONS to ARTICLE 3 of the bill and renumbering the subsequent SECTIONS of the article accordingly: SECTION ____. Chapter 202, Property Code, is amended by adding Section 202.008 to read as follows: Sec. 202.008. REGULATION OF SOLAR ENERGY DEVICES. (a) In this section, "solar energy device" has the meaning assigned by Section 171.107, Tax Code. (b) Except as otherwise provided by this section, 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 solar energy device. (c) A provision that violates Subsection (b) is void. (d) This section does not prohibit the inclusion or enforcement of a provision in a dedicatory instrument that prohibits a solar energy device that: (1) threatens the public health or safety; (2) violates a law; (3) is located on property owned or maintained by the property owners' association; (4) is located on property owned in common by the members of the property owners' association; (5) is located in an area on the property owner's property other than: (A) on the roof of the home; or (B) in a fenced yard or patio maintained by the property owner; or (6) is mounted on a device that is taller or more visually obtrusive than is necessary for the solar energy device to operate at not less than 90 percent of its rated efficiency. SECTION ____. Section 202.008, Property Code, as added by this article, applies to a dedicatory instrument without regard to whether the dedicatory instrument takes effect or is renewed before, on, or after the effective date of this Act.