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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 |
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electric 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) a dedicatory instrument provision that requires a |
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standby electric generator to be installed and maintained in |
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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, and building codes; |
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(2) a dedicatory instrument provision that requires |
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all electrical, plumbing, and fuel line connections to be installed |
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only by licensed contractors; |
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(3) a dedicatory instrument provision that requires |
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all electrical connections to be installed in accordance with |
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applicable governmental health, safety, electrical, and building |
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codes; |
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(4) a dedicatory instrument provision that requires |
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all natural gas, diesel fuel, biodiesel fuel, or hydrogen fuel line |
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connections to be installed in accordance with applicable |
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governmental health, safety, electrical, and building codes; |
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(5) a dedicatory instrument provision that requires |
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all liquefied petroleum gas fuel line connections to be installed |
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in accordance with rules and standards promulgated and adopted by |
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the Railroad Commission of Texas and other applicable governmental |
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health, safety, electrical, and building codes; |
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(6) a dedicatory instrument provision that requires |
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nonintegral standby electric generator fuel tanks to be installed |
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and maintained to comply with applicable municipal zoning |
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ordinances and governmental health, safety, electrical, and |
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building codes; |
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(7) a dedicatory instrument provision that requires |
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the standby electric generator and its electrical lines and fuel |
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lines to be maintained in good condition; |
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(8) a dedicatory instrument provision that requires |
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the repair, replacement, or removal of any deteriorated or unsafe |
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component of a standby electric generator, including electrical or |
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fuel lines; |
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(9) a dedicatory instrument provision that requires an |
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owner to screen a standby electric generator if the standby |
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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 a 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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(10) a dedicatory instrument provision that sets |
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reasonable times, consistent with the manufacturer's |
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recommendations, for the periodic testing of a standby electric |
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generator; |
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(11) a dedicatory instrument provision that prohibits |
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the use of a standby electric generator to generate all or |
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substantially all of the electrical power to a residence, except |
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when utility-generated electrical power to the residence is not |
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available or is intermittent due to causes other than nonpayment |
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for utility service to the residence; |
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(12) a dedicatory instrument provision that regulates |
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the location of the standby electric generator; or |
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(13) a dedicatory instrument provision that prohibits |
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an owner from locating a standby 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) A dedicatory instrument provision permitted by |
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Subsection (c), if adopted, must be reasonably applied and |
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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 10 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 20 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 before |
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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 a dedicatory instrument provision permitted by |
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Subsection (c), the party asserting noncompliance bears the burden |
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of proof. |
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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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 939 was passed by the House on May 8, |
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2015, by the following vote: Yeas 139, Nays 2, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 939 on May 27, 2015, by the following vote: Yeas 140, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 939 was passed by the Senate, with |
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amendments, on May 25, 2015, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |