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SECTION 1. Chapter 202,
Property Code, is amended by adding Section 202.019, to read as follows:
STANDBY ELECTRIC GENERATORS.
Sec. 202.019. STANDBY
ELECTRIC GENERATORS. (a) In this section "standby electric
generator" means a device that converts mechanical energy to
electrical energy and is:
(1) Powered by natural gas,
liquefied petroleum gas, diesel fuel, bio-diesel fuel or hydrogen;
(2) Fully enclosed in an
integral manufacturer supplied sound attenuating enclosure;
(3) Connected to the main
electrical panel of a residence by a manual or automatic transfer switch;
and,
(4) Rated for a generating
capacity of not less than seven kilowatts.
(b) Except as provided by
this section, a property owners' association may not adopt or enforce a
dedicatory instrument provision that prohibits, restricts, or has the
effect of prohibiting or restricting an owner from owning, operating,
installing or maintaining a permanently installed standby electric
generator.
(c) A property owners'
association may adopt or enforce any of the following dedicatory instrument
provisions to regulate the operation and installation of standby electric
generators:
(1) Require a standby
electric generator to be installed and maintained in compliance:
(A) with the manufacturer's
specifications;
(B) applicable governmental
health, safety, electrical codes and building codes;
(2) Require all electrical,
plumbing and fuel line connections be installed only by licensed
contractors;
(3) Require all electrical
and fuel line connections be installed underground;
(4) Require non-integral
standby electric generator fuel tanks be installed and maintained to comply
with applicable municipal zoning ordinances and governmental health,
safety, electrical and building codes;
(5) Require the standby
electric generator, its electrical lines and its fuel lines, to be
maintained in good condition;
(6) Require the repair,
replacement or removal of any deteriorated or unsafe components of a
standby electric generator, including electrical or fuel lines;
(7) Require an owner to
screen a standby electric generator, if the standby electric generator is
visible from the street faced by the dwelling;
(8) Set reasonable times,
consistent with manufacturers' recommendations, for the periodic testing of
a standby electric generator;
(9) Prohibit the use of a
standby electric generator to generate all or substantially all of the
electrical power to a residence, except when utility generated electrical
power to the residence is not available or is intermittent due to causes
other than non-payment for utility service to the residence;
(10) Regulate the location
of the standby electric generator;
(11) Prohibit a property owner from locating a standby
electric generator on property:
(A) owned or maintained by
the property owners' association;
(B) owned in common by the
property owner association members;
(d) The foregoing dedicatory
instrument provisions, if adopted, must be reasonably applied and enforced;
(e) A dedicatory instrument
provision that regulates the location of a standby electrical generator is
unenforceable if:
(1) it increases the cost of
installing the standby electric generator by more than ten percent; or,
(2) increases the cost of
installing and connecting the electrical and fuel lines for the standby
electric generator by more than twenty percent.
(f) If a dedicatory
instrument requires that the installation of a standby electric generator
be approved prior to installation, approval may not be withheld if the
proposed installation meets or exceeds the dedicatory instrument provisions
permitted by Subsection (c).
(g) In a hearing, action or
proceeding to determine whether a proposed or installed standby electric
generator complies with the requirements of the dedicatory instrument
provisions permitted by Subsection (c), the party asserting non-compliance
bears the burden of proof.
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SECTION 1. Chapter 202,
Property Code, is amended by adding Section 202.019, to read as follows:
Sec. 202.019. STANDBY
ELECTRIC GENERATORS. (a) In this section, "standby electric
generator" means a device that converts mechanical energy to
electrical energy and is:
(1) powered by natural
gas, liquefied petroleum gas, diesel fuel, biodiesel fuel or hydrogen;
(2) fully enclosed in an
integral manufacturer-supplied sound attenuating enclosure;
(3) connected to the main
electrical panel of a residence by a manual or automatic transfer switch;
and
(4) rated for a
generating capacity of not less than seven kilowatts.
(b) Except as provided by
this section, a property owners' association may not adopt or enforce a
dedicatory instrument provision that prohibits, restricts, or has the
effect of prohibiting or restricting an owner from owning, operating,
installing or maintaining a permanently installed standby electric
generator.
(c) A property owners'
association may adopt or enforce any of the following dedicatory instrument
provisions to regulate the operation and installation of standby electric
generators:
(1) require a standby
electric generator to be installed and maintained in compliance with:
(A) the manufacturer's
specifications; and
(B) applicable
governmental health, safety, electrical codes and building codes;
(2) require all
electrical, plumbing and fuel line connections to be installed only by
licensed contractors;
(3) require all
electrical and fuel line connections to be installed underground;
(4) require non-integral
standby electric generator fuel tanks to be installed and maintained to
comply with applicable municipal zoning ordinances and governmental health,
safety, electrical and building codes;
(5) require the standby
electric generator, its electrical lines and its fuel lines, to be
maintained in good condition;
(6) require the repair,
replacement or removal of any deteriorated or unsafe component of a standby
electric generator, including electrical or fuel lines;
(7) require an owner to
screen a standby electric generator if the standby electric generator is:
(A) visible from the
street faced by the dwelling;
(B) located in an unfenced side or rear yard of a residence and is
visible either from an adjoining residence or from adjoining property owned
by the property owners' association; or
(C) located in an side or rear yard fenced by a wrought iron or
residential aluminum fence and is visible through the fence either from an
adjoining residence or from adjoining property owned by the property
owners' association;
(8) set reasonable times,
consistent with the manufacturer's recommendations, for the periodic
testing of a standby electric generator;
(9) prohibit the use of a
standby electric generator to generate all or substantially all of the
electrical power to a residence, except when utility generated electrical
power to the residence is not available or is intermittent due to causes
other than non-payment for utility service to the residence;
(10) regulate the
location of the standby electric generator;
(11) prohibit an owner
from locating a standby electric generator on property:
(A) owned or maintained
by the property owners' association; or
(B) owned in common by
the property owners' association members.
(d) The foregoing
dedicatory instrument provisions, if adopted, must be reasonably applied
and enforced.
(e) A dedicatory
instrument provision that regulates the location of a standby electric
generator is unenforceable if:
(1) it increases the cost
of installing the standby electric generator by more than ten percent; or
(2) it increases the cost
of installing and connecting the electrical and fuel lines for the standby
electric generator by more than twenty percent.
(f) If a dedicatory
instrument requires that the installation of a standby electric generator
be approved prior to installation, approval may not be withheld if the
proposed installation meets or exceeds the dedicatory instrument provisions
permitted by Subsection (c).
(g) If a dedicatory instrument provision requires an owner to submit
an application for approval of improvements located exterior to a
residence, this Section does not negate the requirement, but the
information required to be submitted as part of the application for the
installation of a standby electric generator may not be greater or more
detailed than the application for any other improvement.
(h) In a hearing, action
or proceeding to determine whether a proposed or installed standby electric
generator complies with the requirements of the dedicatory instrument
provisions permitted by Subsection (c), the party asserting non-compliance
bears the burden of proof.
(i) The installation of a standby electric generator by a licensed
contractor or the acceptance of the installation of a standby electric
generator, or any of its components, by a utility provider, governmental
subdivision or department of such a governmental subdivision, is conclusive
proof that a standby electric generator was installed in compliance with
this Section.
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