| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of certain renewable energy technology |
|
|
by a property owners' association. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 202, Property Code, is amended by adding |
|
|
Section 202.008 to read as follows: |
|
|
Sec. 202.008. REGULATION OF RENEWABLE ENERGY TECHNOLOGY. |
|
|
(a) In this section, "renewable energy technology" means any |
|
|
technology that relies exclusively on energy that is naturally |
|
|
regenerated over a short period and derived from the sun, directly |
|
|
or indirectly, or from moving water or another natural movement or |
|
|
mechanism of the environment. The term includes a technology that |
|
|
relies on wind, geothermal, hydroelectric, wave, or tidal energy or |
|
|
on biomass or biomass-based waste products, including landfill gas. |
|
|
The term does not include a technology that relies on energy derived |
|
|
from fossil fuels, waste products from fossil fuels, or waste |
|
|
products from inorganic sources. |
|
|
(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 renewable energy technology. |
|
|
(c) A provision that violates Subsection (b) is void. |
|
|
(d) A property owners' association may determine the |
|
|
location of the renewable energy technology if the determination |
|
|
does not impair the effective operation of the renewable energy |
|
|
technology. |
|
|
(e) This section does not prohibit the inclusion or |
|
|
enforcement of a provision in a dedicatory instrument that |
|
|
prohibits renewable energy technology that: |
|
|
(1) threatens the public health or safety; or |
|
|
(2) violates a law. |
|
|
(f) The prevailing party in an action under this section is |
|
|
entitled to reasonable attorney's fees and costs of litigation from |
|
|
the nonprevailing party. |
|
|
SECTION 2. Section 202.008, Property Code, as added by this |
|
|
Act, applies only to a dedicatory instrument that takes effect or is |
|
|
renewed on or after the effective date of this Act. A dedicatory |
|
|
instrument that takes effect or is renewed before the effective |
|
|
date of this Act is governed by the law in effect immediately before |
|
|
the effective date of this Act, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |