|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the regulation of solar energy devices 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 202.010 to read as follows: |
|
Sec. 202.010. 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 2. Section 202.010, Property Code, as added by this |
|
Act, applies to a deed restriction enacted before, on, or after the |
|
effective date of this Act. |
|
SECTION 3. This Act takes effect January 1, 2010. |