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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of solar energy panels by a property |
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owners' association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.008 to read as follows: |
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Sec. 202.008. REGULATION OF SOLAR ENERGY PANELS. (a) In |
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this section, "solar energy panel" means a panel device or system |
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designed primarily to: |
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(1) collect solar energy, as defined by Section |
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2166.403, Government Code; or |
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(2) collect and subsequently use solar energy as |
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thermal, mechanical, or electrical energy. |
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(b) Except as otherwise provided by this section, a property |
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owners' association may not include or enforce a provision in a |
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dedicatory instrument that prohibits or restricts a property owner |
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from installing a solar energy panel. |
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(c) A provision that violates Subsection (b) is void. |
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(d) This section does not restrict a property owners' |
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association from: |
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(1) prohibiting the visibility of any part of a |
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roof-mounted solar energy panel above the roof line; |
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(2) permitting the attachment of a solar energy panel |
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to the slope of a roof facing a street only if: |
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(A) the solar energy panel conforms to the slope |
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of the roof; and |
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(B) the top edge of the solar energy panel is |
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parallel to the roof ridge; or |
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(3) requiring: |
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(A) a solar energy panel frame, a support |
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bracket, or any visible piping or wiring to be painted to coordinate |
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with the roofing material; or |
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(B) a property owner to shield a ground-mounted |
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solar energy panel if shielding the panel does not prohibit the |
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economic installation of the solar energy panel or degrade the |
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operational performance quality of the solar energy panel by more |
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than 10 percent. |
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(e) This section does not prohibit the inclusion or |
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enforcement of a provision in a dedicatory instrument that |
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prohibits a solar energy panel that: |
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(1) threatens the public health or safety; or |
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(2) violates a law. |
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(f) This section does not apply to a property owners' |
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association that: |
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(1) is located in a municipality with a population of |
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more than 175,000 that is located in a county in which another |
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municipality with a population of more than one million is |
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predominantly located; and |
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(2) manages or regulates a development in which at |
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least 4,000 acres of the property is subject to a covenant, |
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condition, or restriction designating the property for commercial |
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use, multifamily dwellings, or open space. |
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SECTION 2. Section 202.008, Property Code, as added by this |
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Act, applies to a dedicatory instrument without regard to whether |
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the dedicatory instrument takes effect or is renewed before, on, or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |