AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
As proposed, S.B. 447 prohibits a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy panel and amends current law relating to the regulation of solar energy devices by a property owners' association.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 202, Property Code, by adding Section 202.010, as follows:
Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES. (a) Defines in this section, "solar energy device."
(b) Prohibits a property owners' association, except as otherwise provided by this section, from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device.
(c) Provides that a provision that violates Subsection (b) is void.
(d) Provides that this section does not prohibit the inclusion or enforcement of a provision in a dedicatory instrument that prohibits a solar energy device that:
(1) as adjudicated by a court threatens the public health or safety, or violates a law;
(2) is located on property owned or maintained by the property owners' association;
(3) is located on property owned in common by the members of the property owner' association; or
(4) is located in an area on the property owner's property other than on the roof of the home, or in a fenced yard or patio maintained by the property owner.
SECTION 2. Provides that Section 202.010, 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. Effective date: upon passage or September 1, 2011.