BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 358

80R3166 EJI-D                                                                                                     By: Jackson, Mike

Intergovernmental Relations

2/23/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under current law, property owners' associations are authorized to restrict modifications that owners make to their homes.  Property owners' associations are creating deed restrictions in order to restrict the placement and usage of solar panels.  Solar panels provide a source of renewable, clean energy to help power homes and reduce dependence upon traditional sources of electricity.

As proposed, S.B. 358 prohibits a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy panel.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 202, Property Code, by adding Section 202.008, as follows:

Sec. 202.008.  REGULATION OF SOLAR ENERGY PANELS.  Defines "solar energy panel."  Prohibits a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy panel and deems any provision that violates this void, except when the solar energy panel threatens the public health or safety or violates a law.

SECTION 2.  Makes application of this Act applicable to a dedicatory instrument without regard to when the instrument takes effect or is renewed.

SECTION 3.  Effective date:  upon passage or September 1, 2007.