TITLE: Relating to unenforceable restrictive covenants regarding standby electric generators affecting residential homes.

SUMMARY: Relating to unenforceable restrictive covenants regarding standby electric generators affecting residential homes.

FULL TEXT:
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) require a standby electric generator to be installed and maintained in compliance with: (A) the manufacturer's specifications; and (B) applicable governmental health, safety, electrical codes and building codes; (2) require all electrical, plumbing and fuel line connections to be installed only by licensed contractors; (3) require all electrical and fuel line connections to be installed underground; (4) require non-integral 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; (5) require the standby electric generator, its electrical lines and its fuel lines, to be maintained in good condition; (6) require the repair, replacement or removal of any deteriorated or unsafe component of a standby electric generator, including electrical or fuel lines; (7) require 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 an 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; (8) set reasonable times, consistent with the manufacturer's recommendations, for the periodic testing of a standby electric generator; (9) prohibit 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 non-payment for utility service to the residence; (10) regulate the location of the standby electric generator; (11) prohibit 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) The foregoing dedicatory instrument provisions, 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 ten percent; or (2) it increases the cost of installing and connecting the electrical and fuel lines for the standby electric generator by more than twenty percent. (f) If a dedicatory instrument requires that the installation of a standby electric generator be approved prior to 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 the dedicatory instrument provisions permitted by Subsection (c), the party asserting non-compliance bears the burden of proof. (i) The installation of a standby electric generator by a licensed contractor or the acceptance of the installation of a standby electric generator, or any of its components, by a utility provider, governmental subdivision or department of such a governmental subdivision, is conclusive proof that a standby electric generator was installed in compliance with this Section. 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.