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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 this section, a property |
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owners' association may not include or enforce a provision in a |
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dedicatory instrument that prohibits or restricts a property owner |
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from installing a solar energy device. |
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(c) A provision that violates Subsection (b) is void. |
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(d) This section does not prohibit the inclusion or |
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enforcement of a provision in a dedicatory instrument that |
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prohibits a solar energy 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; or |
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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 |
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(B) in a fenced yard or patio maintained by the |
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property owner. |
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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; and |
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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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(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. |