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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 202.010 to read as follows: |
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Sec. 202.010. 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 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; |
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(2) violates a law; |
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(3) is located on property owned or maintained by the |
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property owners' association; |
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(4) is located on property owned in common by the |
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members of the property owners' association; |
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(5) is located in an area on the property owner's |
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property other than: |
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(A) on the roof of the home; or |
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(B) in a fenced yard or patio maintained by the |
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property owner; or |
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(6) is mounted on a device that is taller or more |
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visually obtrusive than is necessary for the panel to operate at not |
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less than 90 percent of its rated efficiency. |
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SECTION 2. Section 202.010, Property Code, as added by this |
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Act, applies to a provision in a dedicatory instrument without |
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regard to whether the provision or the dedicatory instrument takes |
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effect or is renewed before, on, or after the effective date of this |
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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, 2009. |