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A BILL TO BE ENTITLED
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AN ACT
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relating to unenforceable restrictive covenants affecting |
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residential homes. |
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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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Sections 202.014, 202.015, 202.016, and 202.017 to read as follows: |
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Sec. 202.014. FLAG DISPLAY. (a) A property owners' |
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association may not, except as provided in this section, adopt or |
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enforce a dedicatory instrument provision that prohibits, |
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restricts, or has the effect of prohibiting or restricting a |
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property owner from the display of: |
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(1) the flag of the United States of America; |
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(2) the flag of the State of Texas; |
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(3) an official or replica flag of the United States |
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Army, Navy, Air Force, Marine Corps, Coast Guard, or other United |
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States armed forces branch. |
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(b) A property owners' association may adopt or enforce |
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reasonable dedicatory instrument provisions: |
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(1) that require: |
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(A) the flag of the United States be displayed in |
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accordance with the federal flag code, 4 U.S.C. Sections 5-10, or |
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successor laws; |
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(B) a flagpole attached to a dwelling or a |
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freestanding flagpole be constructed of permanent, long-lasting |
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materials, with a finish appropriate to the materials used in the |
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construction of the flagpole and harmonious with the dwelling; |
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(C) the display of a flag, or the location and |
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construction of the supporting flagpole, to comply with applicable |
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zoning ordinances, easements, and setbacks of record; |
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(D) a displayed flag and the flagpole on which it |
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is flown be maintained in good condition and that any deteriorated |
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flag or deteriorated or structurally unsafe flagpole be repaired, |
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replaced, or removed; |
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(2) that regulate the location of the flagpole on |
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which a flag is displayed, but no such regulation may prevent the |
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flag from being seen or a flagpole from being installed or erected; |
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(3) that govern the size of a displayed flag; |
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(4) that regulate the size, location, and intensity of |
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any lights used to illuminate a displayed flag. |
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(c) In this section, "owner" has the meaning assigned by |
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Section 201.003 and includes a relative or tenant of an owner. |
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Sec. 202.015. RADIO APPARATUS. (a) A property owners' |
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association may not, except as provided in this section, adopt or |
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enforce a dedicatory instrument provision that prohibits, |
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restricts, or has the effect of prohibiting or restricting a |
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property owner from owning, operating, installing, or maintaining |
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any radio apparatus operated pursuant to federal authorization or |
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with the consent of the holder of a federal license. |
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(b) In this section, "apparatus" means any item, equipment, |
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component, element, or structure used or usable for carrying on |
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radiocommunications or facilitating the carrying on of |
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radiocommunications. |
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(c) A property owners' association may adopt or enforce |
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reasonable dedicatory instrument provisions requiring radio |
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apparatus located exterior to a structure: |
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(1) be constructed and installed in compliance with |
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applicable zoning ordinances, easements, setbacks of record, and |
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national or governmental building codes; |
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(2) be constructed of permanent, long-lasting |
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materials, with a finish appropriate to the materials used in the |
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construction of the apparatus; |
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(3) be maintained in good condition and that any |
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deteriorated or structurally unsafe apparatus be repaired, |
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replaced, or removed; |
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(4) other than radio apparatus made of wire, not |
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extend closer than the front setback line from any street on which |
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the dwelling on the lot faces; |
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(5) be removed if the property on which it is located |
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is sold to a person who does not have federal authorization to |
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operate the radio apparatus installed on the property. |
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(d) In this section, "owner" has the meaning assigned by |
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Section 201.003 and includes a relative or tenant of an owner. |
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Sec. 202.016. SOLAR ENERGY SYSTEMS. (a) A property owners' |
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association may not, except as provided in this section, adopt or |
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enforce a dedicatory instrument provision that prohibits, |
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restricts, or has the effect of prohibiting or restricting a |
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property owner from owning, operating, installing, or maintaining a |
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solar energy system. |
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(b) In this section, "solar energy system" means: |
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(1) equipment, accessories, structures, and fixtures |
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that collect or convert radiant energy from the sun into thermal, |
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mechanical, or electrical energy; and |
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(2) any structural design feature of a building, whose |
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primary purpose is to provide for the collection, storage, and |
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distribution of the radiant energy of the sun in order to generate |
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thermal, mechanical, or electrical energy. |
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(c) A property owners' association may adopt or enforce |
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reasonable dedicatory instrument provisions: |
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(1) that require a solar energy system to be installed |
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and maintained in compliance with: |
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(A) the manufacturer's specifications; and |
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(B) applicable zoning ordinances, health, |
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safety, electrical, and building codes; |
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(2) that regulate the location and appearance of the |
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publicly viewable components of the solar energy system; |
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(3) that prohibit the location of a solar energy |
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system by the property owner on property: |
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(A) owned or maintained by the property owners' |
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association; |
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(B) owned in common by the members of the |
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property owners' association. |
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(d) A property owners' association dedicatory instrument |
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provision that increases the cost of a solar energy system by more |
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than 10 percent or decreases the efficiency of the solar energy |
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system by more than 10 percent is void and unenforceable. |
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(e) In this section, "owner" has the meaning assigned by |
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Section 201.003 and includes a relative or tenant of an owner. |
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Sec. 202.017. STANDBY ELECTRIC GENERATORS. (a) A property |
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owners' association may not, except as provided in this section, |
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adopt or enforce a dedicatory instrument provision that prohibits, |
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restricts, or has the effect of prohibiting or restricting a |
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property owner from owning, operating, installing, or maintaining a |
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permanently installed standby electric generator. |
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(b) In this section, "standby electric generator" means a |
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device that converts mechanical energy to electrical energy and: |
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(1) is powered by natural gas, liquefied petroleum |
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gas, diesel fuel, biodiesel fuel, or hydrogen; |
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(2) is fully enclosed in an integral |
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manufacturer-supplied sound attenuating enclosure; |
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(3) is connected to the main electrical panel of a |
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residence by a manual or automatic transfer switch; and |
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(4) is rated for a generating capacity of not less than |
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seven kilowatts. |
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(c) A property owners' association may adopt or enforce |
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reasonable dedicatory instrument provisions: |
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(1) that require: |
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(A) a standby electric generator to be installed |
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and maintained in compliance with the manufacturer's |
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specifications; |
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(B) a standby electric generator be installed and |
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maintained in compliance with applicable health, safety, |
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electrical codes, and building codes; |
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(C) all electrical, plumbing, and fuel line |
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connections be installed only by licensed contractors; |
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(D) all electrical and fuel line connections be |
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installed underground; |
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(E) nonintegral standby electric generator fuel |
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tanks be installed and maintained to comply with applicable zoning |
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ordinances, health, safety, electrical, and building codes; |
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(F) the standby electric generator, its |
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electrical lines, and its fuel lines be maintained in good |
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condition and that any deteriorated or unsafe components be |
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repaired, replaced, or removed; |
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(2) that set reasonable times for the periodic testing |
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of a standby electric generator; |
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(3) that prohibit the use of the standby electric |
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generator to generate all or substantially all of the electrical |
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power to a residence except when utility-generated electrical power |
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is not available or is intermittent; |
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(4) that regulate the location and exterior appearance |
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of the standby electric generator. |
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(d) A property owners' association dedicatory instrument |
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provision regulating the location of a standby electrical generator |
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that increases the cost of installing the standby electric |
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generator by more than 10 percent or the cost of installing and |
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connecting the electrical and fuel lines by more than 20 percent is |
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void and unenforceable. |
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(e) In this section, "owner" has the meaning assigned by |
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Section 201.003 and includes a relative or tenant of an owner. |
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SECTION 2. Sections 202.014, 202.015, 202.016, and 202.017, |
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Property Code, as added by this Act, apply to a dedicatory |
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instrument adopted 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. |