BILL ANALYSIS

S.B. 1626

By: Rodríguez

Business & Industry

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note that residential neighborhood developments that are not fully completed and considered to be in the development phase are typically managed and regulated by the homebuilder or developer. The parties have expressed concern regarding the authority of a declarant to prohibit property owners from installing a solar energy device while the neighborhood is still in the development phase. S.B. 1626 addresses this concern by amending the applicable law.

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.

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.

ANALYSIS

S.B. 1626 amends the Property Code to limit a declarant's authority to prohibit or restrict an owner of property in a residential subdivision from installing a solar energy device during the development period to a development with fewer than 51 planned residential units.

EFFECTIVE DATE

September 1, 2015.