Bill Text: TX SB440 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to unenforceable restrictive covenants regarding standby electric generators affecting residential homes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-13 - Referred to Intergovernmental Relations [SB440 Detail]
Download: Texas-2013-SB440-Introduced.html
| 83R5192 PMO-F | ||
| By: Birdwell | S.B. No. 440 | |
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| 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 202.020 to read as follows: | ||
| Sec. 202.020. STANDBY ELECTRIC GENERATORS. (a) In this | ||
| section: | ||
| (1) "Owner" has the meaning assigned by Section | ||
| 201.003 and includes a relative or tenant of an owner. | ||
| (2) "Standby electric generator" means a device that | ||
| converts mechanical energy to electrical energy and is: | ||
| (A) powered by natural gas, liquefied petroleum | ||
| gas, diesel fuel, biodiesel fuel, or hydrogen; | ||
| (B) fully enclosed in an integral | ||
| manufacturer-supplied sound attenuating enclosure; | ||
| (C) connected to the main electrical panel of a | ||
| residence by a manual or automatic transfer switch; and | ||
| (D) 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 or restricts, or has the effect of | ||
| prohibiting or restricting, an owner from owning, installing, | ||
| operating, or maintaining a permanently installed standby electric | ||
| generator on the owner's property. | ||
| (c) A property owners' association may adopt or enforce a | ||
| reasonable dedicatory instrument provision that: | ||
| (1) requires a standby electric generator to be | ||
| installed and maintained in a manner that complies with: | ||
| (A) the manufacturer's specifications; and | ||
| (B) applicable health, safety, electrical, and | ||
| building codes; | ||
| (2) requires all electrical, plumbing, and fuel line | ||
| connections to be installed only by an appropriately licensed | ||
| contractor; | ||
| (3) requires all electrical and fuel line connections | ||
| to be installed underground; | ||
| (4) requires nonintegral standby electric generator | ||
| fuel tanks to be installed and maintained in a manner that complies | ||
| with applicable zoning ordinances and health, safety, electrical, | ||
| and building codes; | ||
| (5) requires the standby electric generator and its | ||
| electrical or fuel lines to be maintained in good condition; | ||
| (6) requires the repair, replacement, or removal of | ||
| any component of the standby electric generator, including | ||
| electrical or fuel lines, if the component has deteriorated or is | ||
| unsafe; | ||
| (7) sets reasonable times, consistent with the | ||
| manufacturer's recommendations, for periodic testing of a standby | ||
| electric generator; | ||
| (8) prohibits the use of a standby electric generator | ||
| to generate all or substantially all of the electrical power for a | ||
| residence, except in the event that utility-generated electrical | ||
| power is not available or only intermittently available for a cause | ||
| other than nonpayment for utility services; | ||
| (9) regulates the location of the standby electric | ||
| generator; | ||
| (10) requires the screening of a standby electric | ||
| generator that is visible from any public street on which the | ||
| residence on the lot faces; or | ||
| (11) prohibits an owner from locating a standby | ||
| electric generator on property owned or maintained by the property | ||
| owners' association or owned in common by the members of the | ||
| property owners' association. | ||
| (d) If prior approval of the installation of a standby | ||
| electric generator is required by the dedicatory instrument, | ||
| approval may not be withheld for a proposed installation that meets | ||
| or exceeds the provisions described by Subsection (c). | ||
| (e) In a hearing, action, or proceeding challenging the | ||
| installation or proposed installation of a standby electric | ||
| generator, the party alleging a violation of a provision described | ||
| by Subsection (c) bears the burden of proof of the violation. | ||
| (f) A property owners' association dedicatory instrument | ||
| provision regulating the location of a standby electric generator | ||
| is void if enforcement of the provision would: | ||
| (1) increase the cost of installing the standby | ||
| electric generator by more than 10 percent; or | ||
| (2) increase the cost of installing and connecting the | ||
| electrical and fuel lines by more than 20 percent. | ||
| SECTION 2. Section 202.020, Property Code, as added by this | ||
| Act, applies to a dedicatory instrument provision adopted by a | ||
| property owners' association 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, 2013. | ||
