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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation by a property owners' association of the |
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installation of solar energy devices and certain roofing materials |
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on 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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Sections 202.010 and 202.011 to read as follows: |
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Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES. (a) In |
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this section, "solar energy device" has the meaning assigned by |
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Section 171.107, Tax Code. |
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(b) Except as otherwise provided by Subsection (d), a |
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property owners' association may not include or enforce a provision |
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in a dedicatory instrument that prohibits or restricts a property |
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owner from installing a solar energy device. |
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(c) A provision that violates Subsection (b) is void. |
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(d) A property owners' association may include or enforce a |
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provision in a dedicatory instrument that prohibits a solar energy |
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device 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 owned or maintained by the |
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property owners' association; |
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(3) is located on property owned in common by the |
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members of the property owners' association; |
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(4) is located in an area on the property owner's |
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property other than: |
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(A) on the roof of the home or of another |
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structure allowed under a dedicatory instrument; or |
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(B) in a fenced yard or patio owned and |
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maintained by the property owner; |
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(5) if mounted on the roof of the home: |
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(A) extends higher than the roofline; |
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(B) is located in an area other than an area |
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designated by the property owners' association, unless the |
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alternate location increases the estimated annual energy |
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production of the device, as determined by using a publicly |
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available modeling tool provided by the National Renewable Energy |
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Laboratory, by more than 10 percent above the energy production of |
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the device if located in an area designated by the property owners' |
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association; |
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(C) does not conform to the slope of the roof and |
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has a top edge that is not parallel to the roofline; or |
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(D) has a frame, a support bracket, or visible |
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piping or wiring that is not in a silver, bronze, or black tone |
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commonly available in the marketplace; |
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(6) if located in a fenced yard or patio, is taller |
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than the fence line; |
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(7) as installed: |
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(A) conflicts with the manufacturer's |
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installation requirements; or |
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(B) voids material warranties; or |
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(8) was installed without prior approval by a |
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committee created in a dedicatory instrument for such purposes that |
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provides decisions within a reasonable period or within a period |
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specified in the dedicatory instrument. |
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(e) A committee described by Subsection (d)(8) may not |
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withhold approval of the installation of a solar energy device that |
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meets or exceeds the minimum requirements of a dedicatory |
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instrument. |
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Sec. 202.011. REGULATION OF CERTAIN ROOFING MATERIALS. A |
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property owners' association may not include or enforce a provision |
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in a dedicatory instrument that prohibits or restricts a property |
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owner who is otherwise authorized to install shingles on the roof of |
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the owner's property from installing shingles that: |
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(1) are designed primarily to: |
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(A) be wind and hail resistant; |
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(B) provide heating and cooling efficiencies |
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greater than those provided by customary composite shingles; and |
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(C) provide solar generation capabilities; and |
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(2) when installed: |
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(A) resemble the shingles used or otherwise |
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authorized for use on property in the subdivision; |
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(B) are more durable than and are of equal or |
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superior quality to the shingles described by Paragraph (A); and |
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(C) match the aesthetics of the property |
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surrounding the owner's property. |
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SECTION 2. Sections 202.010 and 202.011, Property Code, as |
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added by this Act, apply to a dedicatory instrument without regard |
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to whether the dedicatory instrument takes effect or is renewed |
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before, on, or after the effective date of this Act. |
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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, 2011. |