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A BILL TO BE ENTITLED
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AN ACT
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relating to unenforceable restrictive covenants regarding standby |
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electric generators affecting residential homes. |
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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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Section 202.019, to read as follows: |
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Sec. 202.019. STANDBY ELECTRIC GENERATORS. (a) In this |
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section, "standby electric generator" means a device that converts |
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mechanical energy to electrical energy and is: |
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(1) powered by natural gas, liquefied petroleum gas, |
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diesel fuel, biodiesel fuel or hydrogen; |
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(2) fully enclosed in an integral |
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manufacturer-supplied sound attenuating enclosure; |
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(3) connected to the main electrical panel of a |
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residence by a manual or automatic transfer switch; and |
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(4) rated for a generating capacity of not less than |
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seven kilowatts. |
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(b) Except as provided by this section, a property owners' |
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association may not adopt or enforce a dedicatory instrument |
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provision that prohibits, restricts, or has the effect of |
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prohibiting or restricting an owner from owning, operating, |
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installing or maintaining a permanently installed standby electric |
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generator. |
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(c) A property owners' association may adopt or enforce any |
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of the following dedicatory instrument provisions to regulate the |
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operation and installation of standby electric generators: |
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(1) require a standby electric generator to be |
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installed and maintained in compliance with: |
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(A) the manufacturer's specifications; and |
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(B) applicable governmental health, safety, |
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electrical codes and building codes; |
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(2) require all electrical, plumbing and fuel line |
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connections to be installed only by licensed contractors; |
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(3) require all electrical and fuel line connections |
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to be installed underground; |
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(4) require non-integral standby electric generator |
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fuel tanks to be installed and maintained to comply with applicable |
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municipal zoning ordinances and governmental health, safety, |
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electrical and building codes; |
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(5) require the standby electric generator, its |
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electrical lines and its fuel lines, to be maintained in good |
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condition; |
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(6) require the repair, replacement or removal of any |
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deteriorated or unsafe component of a standby electric generator, |
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including electrical or fuel lines; |
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(7) require an owner to screen a standby electric |
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generator if the standby electric generator is: |
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(A) visible from the street faced by the |
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dwelling; |
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(B) located in an unfenced side or rear yard of a |
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residence and is visible either from an adjoining residence or from |
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adjoining property owned by the property owners' association; or |
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(C) located in an side or rear yard fenced by a |
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wrought iron or residential aluminum fence and is visible through |
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the fence either from an adjoining residence or from adjoining |
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property owned by the property owners' association; |
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(8) set reasonable times, consistent with the |
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manufacturer's recommendations, for the periodic testing of a |
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standby electric generator; |
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(9) prohibit the use of a standby electric generator |
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to generate all or substantially all of the electrical power to a |
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residence, except when utility generated electrical power to the |
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residence is not available or is intermittent due to causes other |
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than non-payment for utility service to the residence; |
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(10) regulate the location of the standby electric |
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generator; |
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(11) prohibit an owner from locating a standby |
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electric generator on property: |
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(A) owned or maintained by the property owners' |
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association; or |
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(B) owned in common by the property owners' |
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association members. |
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(d) The foregoing dedicatory instrument provisions, if |
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adopted, must be reasonably applied and enforced. |
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(e) A dedicatory instrument provision that regulates the |
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location of a standby electric generator is unenforceable if: |
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(1) it increases the cost of installing the standby |
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electric generator by more than ten percent; or |
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(2) it increases the cost of installing and connecting |
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the electrical and fuel lines for the standby electric generator by |
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more than twenty percent. |
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(f) If a dedicatory instrument requires that the |
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installation of a standby electric generator be approved prior to |
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installation, approval may not be withheld if the proposed |
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installation meets or exceeds the dedicatory instrument provisions |
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permitted by Subsection (c). |
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(g) If a dedicatory instrument provision requires an owner |
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to submit an application for approval of improvements located |
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exterior to a residence, this Section does not negate the |
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requirement, but the information required to be submitted as part |
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of the application for the installation of a standby electric |
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generator may not be greater or more detailed than the application |
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for any other improvement. |
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(h) In a hearing, action or proceeding to determine whether |
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a proposed or installed standby electric generator complies with |
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the requirements of the dedicatory instrument provisions permitted |
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by Subsection (c), the party asserting non-compliance bears the |
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burden of proof. |
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(i) The installation of a standby electric generator by a |
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licensed contractor or the acceptance of the installation of a |
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standby electric generator, or any of its components, by a utility |
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provider, governmental subdivision or department of such a |
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governmental subdivision, is conclusive proof that a standby |
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electric generator was installed in compliance with this Section. |
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SECTION 2. Section 202.019, Property Code, as added by this |
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Act, applies to a dedicatory instrument adopted before, on, or |
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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, 2013. |