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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 a 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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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) a dedicatory
instrument provision that requires a standby electric generator to be
installed and maintained in compliance with:
(A) the manufacturer's
specifications; and
(B) applicable
governmental health, safety, electrical, and building codes;
(2) a dedicatory
instrument provision that requires all electrical, plumbing, and fuel line
connections to be installed only by licensed contractors;
(3) a dedicatory
instrument provision that requires all electrical connections to be installed in accordance with applicable
governmental health, safety, electrical, and building codes;
(4) a dedicatory instrument provision that requires all natural
gas, diesel fuel, biodiesel fuel, or hydrogen fuel line connections to be
installed in accordance with applicable governmental health, safety,
electrical, and building codes;
(5) a dedicatory instrument provision that requires all liquefied
petroleum gas fuel line connections to be installed in accordance with
rules and standards promulgated and adopted by the Railroad Commission of
Texas and other applicable governmental health, safety, electrical, and
building codes;
(6) a dedicatory
instrument provision that requires nonintegral 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;
(7) a dedicatory
instrument provision that requires the standby electric generator and its
electrical lines and fuel lines to be maintained in good condition;
(8) a dedicatory
instrument provision that requires the repair, replacement, or removal of
any deteriorated or unsafe component of a standby electric generator,
including electrical or fuel lines;
(9) a dedicatory
instrument provision that requires 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 a 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;
(10) a dedicatory
instrument provision that sets reasonable times, consistent with the
manufacturer's recommendations, for the periodic testing of a standby
electric generator;
(11) a dedicatory
instrument provision that prohibits 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 nonpayment for
utility service to the residence;
(12) a dedicatory
instrument provision that regulates the location of the standby electric
generator; or
(13) a dedicatory
instrument provision that prohibits 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) A dedicatory
instrument provision permitted by Subsection (c), 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 10 percent; or
(2) it increases the cost
of installing and connecting the electrical and fuel lines for the standby
electric generator by more than 20 percent.
(f) If a dedicatory
instrument requires that the installation of a standby electric generator
be approved before 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 a dedicatory instrument provision
permitted by Subsection (c), the party asserting noncompliance 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 political subdivision is
conclusive proof that the standby electric generator and its components
were installed in compliance with Subsection (c).
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