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  H.B. No. 939
 
 
 
 
AN ACT
  relating to unenforceable restrictive covenants regarding standby
  electric generators affecting residential homes.
         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.  STANDBY ELECTRIC GENERATORS. (a) In this
  section, "standby electric generator" means a device that converts
  mechanical energy to electrical energy and is:
               (1)  powered by natural gas, liquefied petroleum gas,
  diesel fuel, biodiesel fuel, or hydrogen;
               (2)  fully enclosed in an integral
  manufacturer-supplied sound attenuating enclosure;
               (3)  connected to the main electrical panel of a
  residence by a manual or automatic transfer switch; and
               (4)  rated for a generating capacity of not less than
  seven kilowatts.
         (b)  Except as provided by this section, a property owners'
  association may not adopt or enforce a dedicatory instrument
  provision that prohibits, restricts, or has the effect of
  prohibiting or restricting an owner from owning, operating,
  installing, or maintaining a permanently installed standby
  electric generator.
         (c)  A property owners' association may adopt or enforce any
  of the following dedicatory instrument provisions to regulate the
  operation and installation of standby electric generators:
               (1)  a dedicatory instrument provision that requires a
  standby electric generator to be installed and maintained in
  compliance with:
                     (A)  the manufacturer's specifications; and
                     (B)  applicable governmental health, safety,
  electrical, and building codes;
               (2)  a dedicatory instrument provision that requires
  all electrical, plumbing, and fuel line connections to be installed
  only by licensed contractors;
               (3)  a dedicatory instrument provision that requires
  all electrical connections to be installed in accordance with
  applicable governmental health, safety, electrical, and building
  codes;
               (4)  a dedicatory instrument provision that requires
  all natural gas, diesel fuel, biodiesel fuel, or hydrogen fuel line
  connections to be installed in accordance with applicable
  governmental health, safety, electrical, and building codes;
               (5)  a dedicatory instrument provision that requires
  all liquefied petroleum gas fuel line connections to be installed
  in accordance with rules and standards promulgated and adopted by
  the Railroad Commission of Texas and other applicable governmental
  health, safety, electrical, and building codes;
               (6)  a dedicatory instrument provision that requires
  nonintegral standby electric generator fuel tanks to be installed
  and maintained to comply with applicable municipal zoning
  ordinances and governmental health, safety, electrical, and
  building codes;
               (7)  a dedicatory instrument provision that requires
  the standby electric generator and its electrical lines and fuel
  lines to be maintained in good condition;
               (8)  a dedicatory instrument provision that requires
  the repair, replacement, or removal of any deteriorated or unsafe
  component of a standby electric generator, including electrical or
  fuel lines;
               (9)  a dedicatory instrument provision that requires an
  owner to screen a standby electric generator if the standby
  electric generator is:
                     (A)  visible from the street faced by the
  dwelling;
                     (B)  located in an unfenced side or rear yard of a
  residence and is visible either from an adjoining residence or from
  adjoining property owned by the property owners' association; or
                     (C)  located in a side or rear yard fenced by a
  wrought iron or residential aluminum fence and is visible through
  the fence either from an adjoining residence or from adjoining
  property owned by the property owners' association;
               (10)  a dedicatory instrument provision that sets
  reasonable times, consistent with the manufacturer's
  recommendations, for the periodic testing of a standby electric
  generator;
               (11)  a dedicatory instrument provision that prohibits
  the use of a standby electric generator to generate all or
  substantially all of the electrical power to a residence, except
  when utility-generated electrical power to the residence is not
  available or is intermittent due to causes other than nonpayment
  for utility service to the residence;
               (12)  a dedicatory instrument provision that regulates
  the location of the standby electric generator; or
               (13)  a dedicatory instrument provision that prohibits
  an owner from locating a standby electric generator on property:
                     (A)  owned or maintained by the property owners'
  association; or
                     (B)  owned in common by the property owners'
  association members.
         (d)  A dedicatory instrument provision permitted by
  Subsection (c), if adopted, must be reasonably applied and
  enforced.
         (e)  A dedicatory instrument provision that regulates the
  location of a standby electric generator is unenforceable if:
               (1)  it increases the cost of installing the standby
  electric generator by more than 10 percent; or
               (2)  it increases the cost of installing and connecting
  the electrical and fuel lines for the standby electric generator by
  more than 20 percent.
         (f)  If a dedicatory instrument requires that the
  installation of a standby electric generator be approved before
  installation, approval may not be withheld if the proposed
  installation meets or exceeds the dedicatory instrument provisions
  permitted by Subsection (c).
         (g)  If a dedicatory instrument provision requires an owner
  to submit an application for approval of improvements located
  exterior to a residence, this section does not negate the
  requirement, but the information required to be submitted as part
  of the application for the installation of a standby electric
  generator may not be greater or more detailed than the application
  for any other improvement.
         (h)  In a hearing, action, or proceeding to determine whether
  a proposed or installed standby electric generator complies with
  the requirements of a dedicatory instrument provision permitted by
  Subsection (c), the party asserting noncompliance bears the burden
  of proof.
         SECTION 2.  Section 202.019, Property Code, as added by this
  Act, applies to a dedicatory instrument adopted before, on, or
  after the effective date of this Act.
         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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 939 was passed by the House on May 8,
  2015, by the following vote:  Yeas 139, Nays 2, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 939 on May 27, 2015, by the following vote:  Yeas 140, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 939 was passed by the Senate, with
  amendments, on May 25, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor