| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to regulation of residential wind power facilities by |
|
|
property owners' associations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 202, Property Code, is amended by adding |
|
|
Section 202.024 to read as follows: |
|
|
Sec. 202.024. REGULATION OF RESIDENTIAL WIND POWER |
|
|
FACILITIES. (a) In this section: |
|
|
(1) "Development period" and "residential unit" have |
|
|
the meanings assigned by Section 202.010. |
|
|
(2) "Wind power facility" has the meaning assigned by |
|
|
Section 301.0001, Utilities Code. |
|
|
(b) Except as otherwise provided by Subsection (d), a |
|
|
property owners' association may not include or enforce a provision |
|
|
in a dedicatory instrument that prohibits or restricts a property |
|
|
owner from installing a wind power facility of an appropriate |
|
|
residential scale. |
|
|
(c) A provision that violates Subsection (b) is void. |
|
|
(d) A property owners' association may include or enforce a |
|
|
provision in a dedicatory instrument that prohibits a wind power |
|
|
facility that: |
|
|
(1) as adjudicated by a court: |
|
|
(A) threatens the public health or safety; or |
|
|
(B) violates a law; |
|
|
(2) is located on property owned or maintained by the |
|
|
property owners' association; |
|
|
(3) is located on property owned in common by the |
|
|
members of the property owners' association; |
|
|
(4) is located in an area on the property owner's |
|
|
property other than an area designated by the property owners' |
|
|
association, unless the alternate location increases the estimated |
|
|
annual energy production of the facility, as determined by using a |
|
|
publicly available modeling tool provided by the National Renewable |
|
|
Energy Laboratory, by more than 10 percent above the energy |
|
|
production of the facility if located in an area designated by the |
|
|
property owners' association; |
|
|
(5) as installed, voids material warranties; or |
|
|
(6) was installed without prior approval by the |
|
|
property owners' association or by a committee created in a |
|
|
dedicatory instrument for such purposes that provides decisions |
|
|
within a reasonable period or within a period specified in the |
|
|
dedicatory instrument. |
|
|
(e) A property owners' association or the association's |
|
|
architectural review committee may not withhold approval for |
|
|
installation of a wind power facility if the provisions of the |
|
|
dedicatory instruments to the extent authorized by Subsection (d) |
|
|
are met or exceeded, unless the association or committee, as |
|
|
applicable, determines in writing that placement of the facility as |
|
|
proposed by the property owner constitutes a condition that |
|
|
substantially interferes with the use and enjoyment of land by |
|
|
causing unreasonable discomfort or annoyance to persons of ordinary |
|
|
sensibilities. For purposes of making a determination under this |
|
|
subsection, the written approval of the proposed placement of the |
|
|
facility by all property owners of adjoining property constitutes |
|
|
prima facie evidence that such a condition does not exist. |
|
|
(f) During the development period for a development with |
|
|
fewer than 51 planned residential units, the declarant may prohibit |
|
|
or restrict a property owner from installing a wind power facility. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |