82nd Texas Legislature, Regular Session, House Bill 362, Chapter 939 Page: 1 of 6
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H.B. No. 362
Chapter 939
1 AN ACT
2 relating to the regulation by a property owners' association of the
3 installation of solar energy devices and certain roofing materials
4 on property.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
6 SECTION 1. Chapter 202, Property Code, is amended by adding
7 Sections 202.010 and 202.011 to read as follows:
8 Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES. (a) Inthis 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.
(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 energy9
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Texas. Legislature. House of Representatives. 82nd Texas Legislature, Regular Session, House Bill 362, Chapter 939, legislative document, June 17, 2011; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth311532/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.