BILL ANALYSIS |
H.B. 1178 |
By: Isaac |
Business & Industry |
Committee Report (Unamended) |
BACKGROUND AND PURPOSE
Interested parties explain that developers oftentimes create deed restrictions with propane companies to the point where homeowners are forced to use a particular propane provider for decades at a time. H.B. 1178 aims to invalidate such restrictions.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
H.B. 1178 amends the Property Code to prohibit a property owners' association or a declarant from enforcing or imposing a restrictive covenant that requires a property owner to exclusively use a particular fuel, or exclusively use fuel provided by a particular supplier, on the owner's property or that imposes a fee payable to any person for an owner to opt out of such a requirement. The bill makes such a restrictive covenant void and unenforceable by any person. The bill's provisions apply to a restrictive covenant imposed before, on, or after the bill's effective date.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2015.
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