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A BILL TO BE ENTITLED
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AN ACT
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relating to unenforceable restrictive covenants regarding standby |
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electric generators affecting 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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Section 202.020 to read as follows: |
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Sec. 202.020. STANDBY ELECTRIC GENERATORS. (a) In this |
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section: |
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(1) "Owner" has the meaning assigned by Section |
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201.003 and includes a relative or tenant of an owner. |
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(2) "Standby electric generator" means a device that |
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converts mechanical energy to electrical energy and is: |
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(A) powered by natural gas, liquefied petroleum |
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gas, diesel fuel, biodiesel fuel, or hydrogen; |
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(B) fully enclosed in an integral |
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manufacturer-supplied sound attenuating enclosure; |
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(C) 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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(D) rated for a generating capacity of not less |
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than seven kilowatts. |
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(b) Except as provided by this section, a property owners' |
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association may not adopt or enforce a dedicatory instrument |
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provision that prohibits or restricts, or has the effect of |
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prohibiting or restricting, an owner from owning, installing, |
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operating, or maintaining a permanently installed standby electric |
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generator on the owner's property. |
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(c) A property owners' association may adopt or enforce a |
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reasonable dedicatory instrument provision that: |
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(1) requires a standby electric generator to be |
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installed and maintained in a manner that complies with: |
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(A) the manufacturer's specifications; and |
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(B) applicable health, safety, electrical, and |
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building codes; |
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(2) requires all electrical, plumbing, and fuel line |
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connections to be installed only by an appropriately licensed |
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contractor; |
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(3) requires all electrical and fuel line connections |
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to be installed underground; |
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(4) requires nonintegral standby electric generator |
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fuel tanks to be installed and maintained in a manner that complies |
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with applicable zoning ordinances and health, safety, electrical, |
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and building codes; |
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(5) requires the standby electric generator and its |
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electrical or fuel lines to be maintained in good condition; |
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(6) requires the repair, replacement, or removal of |
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any component of the standby electric generator, including |
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electrical or fuel lines, if the component has deteriorated or is |
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unsafe; |
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(7) sets reasonable times, consistent with the |
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manufacturer's recommendations, for periodic testing of a standby |
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electric generator; |
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(8) prohibits the use of a standby electric generator |
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to generate all or substantially all of the electrical power for a |
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residence, except in the event that utility-generated electrical |
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power is not available or only intermittently available for a cause |
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other than nonpayment for utility services; |
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(9) regulates the location of the standby electric |
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generator; |
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(10) requires the screening of a standby electric |
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generator that is visible from any public street on which the |
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residence on the lot faces; or |
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(11) prohibits an owner from locating a standby |
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electric generator on property owned or maintained by the property |
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owners' association or owned in common by the members of the |
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property owners' association. |
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(d) If prior approval of the installation of a standby |
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electric generator is required by the dedicatory instrument, |
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approval may not be withheld for a proposed installation that meets |
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or exceeds the provisions described by Subsection (c). |
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(e) In a hearing, action, or proceeding challenging the |
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installation or proposed installation of a standby electric |
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generator, the party alleging a violation of a provision described |
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by Subsection (c) bears the burden of proof of the violation. |
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(f) A property owners' association dedicatory instrument |
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provision regulating the location of a standby electric generator |
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is void if enforcement of the provision would: |
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(1) increase the cost of installing the standby |
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electric generator by more than 10 percent; or |
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(2) increase the cost of installing and connecting the |
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electrical and fuel lines by more than 20 percent. |
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SECTION 2. Section 202.020, Property Code, as added by this |
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Act, applies to a dedicatory instrument provision adopted by a |
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property owners' association before, on, or after the effective |
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date of this 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, 2013. |