83R5674 NC-F
 
  By: Parker H.B. No. 2338
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of restrictive covenants regarding
  solar panels.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 202.010(d) and (e), Property Code, are
  amended to read as follows:
         (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 and an additional device is not installed in the
  designated area;
                     (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;
                     (E)  is directly visible from the street in front
  of the property;
                     (F)  weighs more than the roof can support as
  determined by a building inspector; or
                     (G)  covers more than 50 percent of the roof
  surface;
               (6)  if located in a fenced yard or patio, is taller
  than the fence line or is otherwise not reasonably concealed from
  the public's view by a privacy fence;
               (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;
               (9)  generates more electricity than necessary for the
  residence; or
               (10)  impacts the electric service of neighboring
  properties by interfering with the service or creating voltage
  spikes.
         (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.  The association or committee shall request written
  comments regarding the placement of the device from the property
  owners of property in the subdivision that is located not more than
  50 yards from the lot line of the property of the property owner
  requesting the approval. For purposes of making a determination
  under this subsection, the written approval of the proposed
  placement of the device by a majority of the nearby [all] property
  owners [of adjoining property] constitutes prima facie evidence
  that such a condition does not exist, and written disapproval of the
  proposed placement by a majority of the nearby property owners
  constitutes prima facie evidence that such a condition does exist.
         SECTION 2.  This Act takes effect September 1, 2013.