80R4321 EJI-D

By: Leibowitz H.B. No. 1651

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of solar energy panels 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 SOLAR ENERGY PANELS. (a) In this section, "solar energy panel" means a panel device or system designed primarily to:

(1) collect solar energy, as defined by Section 2166.403, Government Code; or

(2) collect and subsequently use solar energy as thermal, mechanical, or electrical energy.

(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 panel.

(c) A provision that violates Subsection (b) is void.

(d) This section does not restrict a property owners' association from:

(1) prohibiting the visibility of any part of a roof-mounted solar energy panel above the roof line;

(2) permitting the attachment of a solar energy panel to the slope of a roof facing a street only if:

(A) the solar energy panel conforms to the slope of the roof; and

(B) the top edge of the solar energy panel is parallel to the roof ridge; or

(3) requiring:

(A) a solar energy panel frame, a support bracket, or any visible piping or wiring to be painted to coordinate with the roofing material; or

(B) a property owner to shield a ground-mounted solar energy panel if shielding the panel does not prohibit the economic installation of the solar energy panel or degrade the operational performance quality of the solar energy panel by more than 10 percent.

(e) This section does not prohibit the inclusion or enforcement of a provision in a dedicatory instrument that prohibits a solar energy panel that:

(1) threatens the public health or safety; or

(2) violates a law.

(f) This section does not apply to a property owners' association that:

(1) is located in a municipality with a population of more than 175,000 that is located in a county in which another municipality with a population of more than one million is predominantly located; and

(2) manages or regulates a development in which at least 4,000 acres of the property is subject to a covenant, condition, or restriction designating the property for commercial use, multifamily dwellings, or open space.

SECTION 2. Section 202.008, Property Code, as added by this Act, 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.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.