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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of restrictive covenants regarding |
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solar panels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 202.010(d) and (e), Property Code, are |
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amended to read as follows: |
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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 or beyond 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 and an additional device is not installed in the |
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designated area; |
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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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(E) is directly visible from the street in front |
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of the property; |
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(F) weighs more than the roof can support as |
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determined by a building inspector; or |
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(G) covers more than 50 percent of the roof |
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surface; |
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(6) if located in a fenced yard or patio, is taller |
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than the fence line or is otherwise not reasonably concealed from |
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the public's view by a privacy fence; |
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(7) as installed, voids material warranties; [or] |
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(8) was installed without prior approval by the |
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property owners' association or by a committee created in a |
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dedicatory instrument for such purposes that provides decisions |
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within a reasonable period or within a period specified in the |
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dedicatory instrument; |
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(9) generates more electricity than necessary for the |
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residence; or |
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(10) impacts the electric service of neighboring |
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properties by interfering with the service or creating voltage |
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spikes. |
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(e) A property owners' association or the association's |
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architectural review committee may not withhold approval for |
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installation of a solar energy device if the provisions of the |
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dedicatory instruments to the extent authorized by Subsection (d) |
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are met or exceeded, unless the association or committee, as |
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applicable, determines in writing that placement of the device as |
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proposed by the property owner constitutes a condition that |
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substantially interferes with the use and enjoyment of land by |
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causing unreasonable discomfort or annoyance to persons of ordinary |
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sensibilities. The association or committee shall request written |
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comments regarding the placement of the device from the property |
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owners of property in the subdivision that is located not more than |
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50 yards from the lot line of the property of the property owner |
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requesting the approval. For purposes of making a determination |
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under this subsection, the written approval of the proposed |
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placement of the device by a majority of the nearby [all] property |
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owners [of adjoining property] constitutes prima facie evidence |
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that such a condition does not exist, and written disapproval of the |
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proposed placement by a majority of the nearby property owners |
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constitutes prima facie evidence that such a condition does exist. |
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SECTION 2. This Act takes effect September 1, 2013. |