By: Solomons, et al. (Senate Sponsor - West)	H.B. No. 362
	(In the Senate - Received from the House April 12, 2011;
	April 20, 2011, read first time and referred to Committee on
	Intergovernmental Relations; May 19, 2011, reported adversely,
	with favorable Committee Substitute by the following vote:  Yeas 5,
	Nays 0; May 19, 2011, sent to printer.)
	COMMITTEE SUBSTITUTE FOR H.B. No. 362	By:  West

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation by a property owners' association of the
	installation of solar energy devices and certain roofing materials
	on property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 202, Property Code, is amended by adding
	Sections 202.010 and 202.011 to read as follows:
	Sec. 202.010.  REGULATION OF SOLAR ENERGY DEVICES.  (a)  In
	this section, "solar energy device" has the meaning assigned by
	Section 171.107, Tax 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 solar energy device.
	(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 solar energy
	device 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:
	(A)  on the roof of the home or of another
	structure allowed under a dedicatory instrument; or
	(B)  in a fenced yard or patio owned and
	maintained by the property owner;
	(5)  if mounted on the roof of the home:
	(A)  extends higher than or beyond the roofline;
	(B)  is located in an area other than an area
	designated by the property owners' association, unless the
	alternate location increases the estimated annual energy
	production of the device, 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 device if located in an area designated by the property owners'
	association;
	(C)  does not conform to the slope of the roof and
	has a top edge that is not parallel to the roofline; or
	(D)  has a frame, a support bracket, or visible
	piping or wiring that is not in a silver, bronze, or black tone
	commonly available in the marketplace;
	(6)  if located in a fenced yard or patio, is taller
	than the fence line;
	(7)  as installed, voids material warranties; or
	(8)  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 solar energy device 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 device 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.
	Sec. 202.011.  REGULATION OF CERTAIN ROOFING MATERIALS. A
	property owners' association may not include or enforce a provision
	in a dedicatory instrument that prohibits or restricts a property
	owner who is otherwise authorized to install shingles on the roof of
	the owner's property from installing shingles that:
	(1)  are designed primarily to:
	(A)  be wind and hail resistant;
	(B)  provide heating and cooling efficiencies
	greater than those provided by customary composite shingles; and
	(C)  provide solar generation capabilities; and
	(2)  when installed:
	(A)  resemble the shingles used or otherwise
	authorized for use on property in the subdivision;
	(B)  are more durable than and are of equal or
	superior quality to the shingles described by Paragraph (A); and
	(C)  match the aesthetics of the property
	surrounding the owner's property.
	SECTION 2.  Sections 202.010 and 202.011, Property Code, as
	added by this Act, apply to a dedicatory instrument without regard
	to whether the dedicatory instrument takes effect or is renewed
	before, on, or after the effective date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2011.
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