HB 939

84(R) - 2015
House Business & Industry
House Business & Industry
Business, Industry, & Commerce

Vote Recommendation

  • Neutral
  • Negative
  • Neutral
  • Negative
  • Neutral


Tony Dale


Rene Oliveira
Matt Schaefer

Bill Caption

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

Fiscal Notes

No fiscal impact to the State or local governments is expected. 

Bill Analysis

This bill seeks to amend the Property Code to state that 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.

Property owners' associations may adopt certain regulations regarding the operation and installation of permanently installed standby electric generators.

If adopted, the provisions regarding regulation of operation and installation must be reasonably applied and enforced. 

Provisions regarding the location of a standby generator are unenforceable if it increases the cost of installation by more than 10% or if it increases the cost of installing and connecting the electrical and fuel lines for the standby electric generator by more than 20%. 

Approval of installation may not be withheld if the installation meets or exceeds the statutory provisions. 

Applies to dedicatory instruments on, before, or after this act. 

Vote Recommendation Notes

5/23 Update:

This legislation has substantively remained the same. We remain neutral on HB 939.

The Senate sponsor is Sen. Hinojosa.

First chamber recommendation below:

While this is an issue that the property owners associations should be able to deal with themselves, we sympathize with those who are taking personal responsibility by preparing for a power outage. Because of this conflict between private property rights and private contracts, we remain neutral on HB 939.