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	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.