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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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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) The municipality or county may require the owner to |
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screen the tank from view with reasonable 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. |