SB 1626

84(R) - 2015
Senate Business & Commerce
Senate Business & Commerce
Business, Industry, & Commerce
Property Rights

Vote Recommendation

  • Neutral
  • Positive
  • Neutral
  • Neutral
  • Positive


José Rodríguez

Bill Caption

Relating to the regulation by a developer of the installation of solar energy devices in a residential subdivision.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

SB 1626 would amend the Property Code to allow a developer, of a planned housing division, to prohibit property owners in that division from installing a solar energy device on their homes. The developer would only have the authority to do this for a division with fewer than 51 planned homes.

Vote Recommendation Notes

While a housing division is under construction the contractor of that housing division usually serves as the interim property manager. Currently, these contractors may prevent a property owner from installing a solar energy device on their home if it is in the new development during the development phase which can last for years. 

We support SB 1626 because it would only allow a contractor to ban solar energy devices for the duration of the development in communities with fewer than 51 homes. This legislation goes in the right direction, even though we would have liked it to have implemented a complete prohibition on contractors banning solar energy devices.

This legislation would protect a property owner’s individual liberty and property rights by preventing a developer's prohibition on solar energy devices in larger communities with longer development times. On this basis we support SB 1626.

Organizations Supporting

Environment Texas
Lone Star Chapter Sierra Club
R Street Institute
Texas Association of Builders
Texas League of Conservation Voters