By: DeAyala	H.B. No. 4455

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation by a property owner's association of the
	installation of solar energy devices and certain roofing materials
	on property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 202, Property Code, is amended by
	changing as follows:
	Sec. 202.010.  REGULATION OF SOLAR ENERGY DEVICES. (a)  In
	this section:
	(1)  "Development period" means a period stated in a
	declaration during which a declarant reserves:
	(A)  a right to facilitate the development,
	construction, and marketing of the subdivision; and
	(B)  a right to direct the size, shape, and
	composition of the subdivision.
	(1-a)  "Residential unit" means a structure or part of
	a structure intended for use as a single residence and that is:
	(A)  a single-family house; or
	(B)  a separate living unit in a duplex, a
	triplex, or a quadplex.
	(2)  "Solar energy device" has the meaning assigned by
	Section 171.107, Tax 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 solar energy device.
	(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 solar energy
	device 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:
	(A)  on the roof of the home or of another
	structure allowed under a dedicatory instrument; or
	(B)  in a fenced yard or patio owned and
	maintained by the property owner;
	(5)  if mounted on the roof of the home:
	(A)  extends higher than or beyond the roofline;
	(B)  is located in an area other than an area
	designated by the property owners' association, unless the
	alternate location increases the estimated annual energy
	production of the device, as determined by using a publicly
	available modeling tool provided by the National Renewable Energy
	Laboratory, by more than 1025 percent above the energy production
	of the device if located in an area designated by the property
	owners' association;
	(C)  does not conform to the slope of the roof and
	has a top edge that is not parallel to the roofline; or
	(D)  has a frame, a support bracket, or visible
	piping or wiring that is not in a silver, bronze, or black tone
	commonly available in the marketplace;
	(6)  if located in a fenced yard or patio, is taller
	than the fence line;
	(7)  as installed, voids material warranties; or
	(8)  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 solar energy device 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 device 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
	device 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 solar energy device.
	SECTION 2.  This Act takes effect September 1, 2023.