83R1024 NC-F
 
  By: Isaac H.B. No. 3780
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of liquid propane gas tanks on
  residential property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 202, Property Code, is amended by adding
  Section 202.019 to read as follows:
         Sec. 202.019.  REGULATION OF LIQUID PROPANE GAS TANKS. (a)  
  A property owners' association may not, except as provided by this
  section, adopt or enforce a dedicatory instrument provision that
  prohibits, restricts, or has the effect of prohibiting or
  restricting a property owner from installing a liquid propane gas
  tank above ground on the owner's residential property if the tank is
  a size reasonably necessary to meet the gas requirements of the
  residence.
         (b)  The property owners' association may require the owner
  to screen the tank from view with reasonable screening materials.
         SECTION 2.  Chapter 250, Local Government Code, is amended
  by adding Section 250.007 to read as follows:
         Sec. 250.007.  REGULATION OF LIQUID PROPANE GAS TANKS ON
  RESIDENTIAL PROPERTY. (a) A municipality or county may not, except
  as provided by this section, enact or enforce an order or ordinance
  that prohibits, restricts, or has the effect of prohibiting or
  restricting a property owner from installing a liquid propane gas
  tank above ground on the owner's residential property if the tank is
  a size reasonably necessary to meet the gas requirements of the
  residence.
         (b)  The municipality or county may require the owner to
  screen the tank from view with reasonable screening materials.
         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, 2013.