Bill Text: TX HB330 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to regulation of residential wind power facilities by property owners' associations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Business & Industry [HB330 Detail]
Download: Texas-2023-HB330-Introduced.html
| 88R3120 KBB-D | ||
| By: Goodwin | H.B. No. 330 | |
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| relating to regulation of residential wind power facilities by | ||
| property owners' associations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 202, Property Code, is amended by adding | ||
| Section 202.024 to read as follows: | ||
| Sec. 202.024. REGULATION OF RESIDENTIAL WIND POWER | ||
| FACILITIES. (a) In this section: | ||
| (1) "Development period" and "residential unit" have | ||
| the meanings assigned by Section 202.010. | ||
| (2) "Wind power facility" has the meaning assigned by | ||
| Section 301.0001, Utilities Code. | ||
| (b) Except as otherwise provided by Subsection (d), a | ||
| property owners' association may not include or enforce a provision | ||
| in a dedicatory instrument that prohibits or restricts a property | ||
| owner from installing a wind power facility of an appropriate | ||
| residential scale. | ||
| (c) A provision that violates Subsection (b) is void. | ||
| (d) A property owners' association may include or enforce a | ||
| provision in a dedicatory instrument that prohibits a wind power | ||
| facility that: | ||
| (1) as adjudicated by a court: | ||
| (A) threatens the public health or safety; or | ||
| (B) violates a law; | ||
| (2) is located on property owned or maintained by the | ||
| property owners' association; | ||
| (3) is located on property owned in common by the | ||
| members of the property owners' association; | ||
| (4) is located in an area on the property owner's | ||
| property other than an area designated by the property owners' | ||
| association, unless the alternate location increases the estimated | ||
| annual energy production of the facility, as determined by using a | ||
| publicly available modeling tool provided by the National Renewable | ||
| Energy Laboratory, by more than 10 percent above the energy | ||
| production of the facility if located in an area designated by the | ||
| property owners' association; | ||
| (5) as installed, voids material warranties; or | ||
| (6) was installed without prior approval by the | ||
| property owners' association or by a committee created in a | ||
| dedicatory instrument for such purposes that provides decisions | ||
| within a reasonable period or within a period specified in the | ||
| dedicatory instrument. | ||
| (e) A property owners' association or the association's | ||
| architectural review committee may not withhold approval for | ||
| installation of a wind power facility if the provisions of the | ||
| dedicatory instruments to the extent authorized by Subsection (d) | ||
| are met or exceeded, unless the association or committee, as | ||
| applicable, determines in writing that placement of the facility as | ||
| proposed by the property owner constitutes a condition that | ||
| substantially interferes with the use and enjoyment of land by | ||
| causing unreasonable discomfort or annoyance to persons of ordinary | ||
| sensibilities. For purposes of making a determination under this | ||
| subsection, the written approval of the proposed placement of the | ||
| facility by all property owners of adjoining property constitutes | ||
| prima facie evidence that such a condition does not exist. | ||
| (f) During the development period for a development with | ||
| fewer than 51 planned residential units, the declarant may prohibit | ||
| or restrict a property owner from installing a wind power facility. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
