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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of liquid propane gas tanks on |
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residential property. |
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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 202.019 to read as follows: |
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Sec. 202.019. REGULATION OF LIQUID PROPANE GAS TANKS. (a) |
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A property owners' association may not, except as provided by this |
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section, adopt or enforce a dedicatory instrument provision that |
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prohibits, restricts, or has the effect of prohibiting or |
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restricting a property owner from installing a liquid propane gas |
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tank above ground on the owner's residential property if the tank is |
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a size reasonably necessary to meet the gas requirements of the |
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residence. |
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(b) The property owners' association may require the owner |
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to screen the tank from view with reasonable screening materials. |
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(c) A property owners' association may adopt or enforce a |
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dedicatory instrument provision that prohibits or restricts the |
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installation of a liquid propane gas tank that: |
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(1) as adjudicated by a court: |
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(A) threatens the public health or safety; or |
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(B) violates a law; |
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(2) is located on property other than property owned |
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and maintained by the property owner; |
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(3) is located in an area on the property owner's |
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property other than a rear or side yard and is not: |
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(A) surrounded by a solid privacy fence approved |
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by the association; or |
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(B) otherwise screened in a manner approved by |
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the association; |
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(4) if located in a fenced yard or patio, is taller |
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than the fence line; |
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(5) as installed, voids material warranties; or |
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(6) was installed without prior approval by the |
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property owners' association or by a committee created in a |
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dedicatory instrument for such purposes that provides decisions |
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within a reasonable period or within a period specified in the |
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dedicatory instrument. |
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SECTION 2. Chapter 250, Local Government Code, is amended |
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by adding Section 250.007 to read as follows: |
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Sec. 250.007. REGULATION OF LIQUID PROPANE GAS TANKS ON |
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RESIDENTIAL PROPERTY. (a) A municipality or county may not, except |
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as provided by this section, enact or enforce an order or ordinance |
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that prohibits, restricts, or has the effect of prohibiting or |
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restricting a property owner from installing a liquid propane gas |
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tank above ground on the owner's residential property if the tank is |
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a size reasonably necessary to meet the gas requirements of the |
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residence. |
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(b) If the tank is located on residential property within |
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the corporate boundaries of the municipality, the municipality may |
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require the owner to screen the tank from view with reasonable |
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screening materials. |
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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, 2015. |